By using the website Eguns.com.au and any affiliated websites (the Websites), you agree to accept and be bound by the following terms and conditions which are offered by E Guns Fish And Camping Pty Ltd ACN 636 134 042 (E Guns) and comprise the User Agreement:
1. Conduct requirements
While using the Websites:
- if you enter into an agreement to purchase a good and/or service offered for sale on the Websites (the purchase agreement), you will deliver the payment required under the purchase agreement to the seller;
- if you sell, offer for sale, or make available goods and/or services on the Websites, you will:
- ensure that the description of this good and/or service is accurate, current, and complete,
- ensure that any good and/or service offered for sale, is offered for sale solely in Australian dollars (AUD),
- deliver this good and/or service to the purchaser, after receiving payment under the purchase agreement, unless there is a clear typographical error, or you are unable to authenticate the buyer’s identity, and in either instance you will refund the purchase price under the purchase agreement to the purchaser, and
- provide the following identification information:
- Full name (including middle names, if applicable),
- Private and (if applicable) business address and Australian Business Number (ABN),
- Telephone number (including mobile phone number),
- Email contact details, and
- Australian firearms licence details (if required).
(collectively known as the Identification Information)
- you will ensure that the Identification Information is accurate, current and complete; and
- you will authenticate the Identification Information, if required by E Guns to do so.
2. Prohibitions on conduct
While using the Websites you will not:
- infringe any laws or engage in any potentially illegal behaviour;
- post illegal content;
- purchase, sell, offer to sell, or make available goods and/or services that are prohibited and/or restricted;
- post false, inaccurate, dated, incomplete, misleading, deceptive, defamatory, discriminatory or offensive content (including personal information), and in particular, not engage in misleading and/or deceptive conduct in relation to the description of any good and/or service offered for sale;
- materially change the description of a good and/or service after a purchaser has entered into the purchase agreement;
- infringe any third party rights, including the copyright, trade marks and other intellectual property rights held by third parties
- infringe the copyright and other intellectual property rights of the Websites by, for example, reproducing content appearing on the Websites, without the written consent of the rights holder;
- attempt to enter into any agreement, where you lack the capacity to do so, by reason of age, or for any other reason;
- manipulate or influence the price of any good and/or service being offered for sale, whether or not an auction is being conducted;
- interfere with or comment on other users’ listings;
- circumvent or manipulate any fee structure or billing process;
- take any action that may undermine any feedback/ratings system in place;
- collect information about other users, including their contact details; and
- engage in spam or other unauthorised communications with other users.
3. Website use warranties
While using the Websites, you warrant that:
- you are aware of, and agree to be bound by all of the terms and conditions under this User Agreement;
- you are over the age of 18;
- you are located in Australia;
- you will immediately advise E Guns at the following email address: firstname.lastname@example.org, if you become aware on a good faith basis of any party who has infringed any laws, or engaged in any potentially illegal behaviour, and in doing so will provide E Guns with screenshots, statements and other relevant evidence;
- you will not breach the intellectual property rights of any party;
- you have the legal right to:
- purchase any good and/or service that you purport to purchase,
- sell, offer to sell, or make available goods and/or services, using the Websites.
- with respect to the sale of firearms, the following applies:
- you are not a prohibited person within the meaning of section 3(1) of the Firearms Act 1996, or any corresponding provision under the law of any other Australian State or Territory,
- as a prospective seller of firearms, you hold a firearms licence authorising possession of a firearm of that class,
- as a prospective seller of firearms, where you are arranging for the sale of the firearms to take place through the firearms dealer, you will provide to the Website the dealer’s name and licence number, and
- as a prospective purchaser of firearms, you hold a permit authorising possession or acquisition of the subject firearm.
- you have made the appropriate enquiries and received independent advice regarding your legal position, if required, and have consulted relevant websites, if required, including but not limited to the following:
- https://www.police.vic.gov.au/borrowing-loaning-and-inheriting-firearms, and
- Firearms Act 1996: http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/consol_act/fa1996102/;
- you do not have a criminal record, where the presence of a criminal record may otherwise prevent you from selling a good and/or service, or entering into the purchase agreement;
- you are correctly licenced to possess, use and carry a firearm, if you purport to purchase a firearm as part of a purchase agreement,
- you are a Licensed Firearms Dealer, if you purport to sell, offer for sale, or make available a firearm, or if you are not a Licensed Firearms Dealer, that you will include the following information in any advertisement appearing on the Websites:
- a statement that the proposed sale is to be arranged (ie. sold) through a Licensed Firearms Dealer (see s.101(1)(b) of the Firearms Act 1996),
- the serial number of the firearm being offered for sale (see s.101(3)(a) of the Firearms Act 1996),
- the registered owner’s licence number (see s.101(3)(b) of the Firearms Act 1996), and
- that there is an intention to transfer the firearm from the seller to the buyer through a Licensed Firearms Dealer using a Permit to Acquire;
- you are aware that a person other than the licensed owner of a firearm can advertise the firearm for sale at the request of the owner, provided the person who placed the advertisement does not keep the firearm in their possession, unless:
- they are also a licence holder who holds the same category of licence as the firearms being offered for sale, and
- have the capacity to store the firearms in accordance with Schedule 4 of the Firearms Act 1996;
- you are aware of the information that Licensed Firearms Dealers must provide in an advertisment if they wish to advertise the sale of firearms, including:
- their firearm dealers’ licence number (see s.101(1)(a) of the Firearms Act 1996),
- the serial number of the firearm being offered for sale (see s.101(3)(a) of the Firearms Act 1996), and
- the registered owner’s licence number (see s.101(3)(b) of the Firearms Act 1996);
- you are aware that a failure to include the prescribed information in an advertisement is an offence against the Firearms Act 1996; and
- you are aware that a failure to correctly transfer the firearm, and possession of a firearm without a licence, are also both offences against the Firearms Act 1996.
4. Breach of Users Agreement
If you breach the Users Agreement we may in relation to the Websites:
- remove, delete, modify or refuse to display listings;
- limit, suspend or terminate your access without notice; and
- require you to pay our technical, enforcement or other expenses in relation any of these actions.
5. Provision of content
When you provide content to the Websites, including but not limited to descriptions and photographs, you grant to the Websites a non-exclusive, perpetual, irrevocable, royalty-free, right to exercise any and all intellectual property rights (including copyright you have in the content), in any media now or in the future.
You acknowledge that:
- The Websites have no control or influence over any good and/or service offered for sale on the Websites;
- There are inherent risks attached to purchasing and/or selling goods and/or services from another party using the internet; and
- The Websites cannot and do not guarantee:
- the quality, safety or legality of any good and/or service advertised,
- the truth or accuracy of claims or statements in relation to any good and/or service offered for sale,
- the capacity and/or willingness of a seller to complete the sale of any good and/or service, or
- the capacity and/or willingness of a buyer to pay for any good and/or service.
7. Payment Gateway
A payment gateway facilitates a payment transaction by the transfer of information between a payment portal (such as a website) and the front end processor.
The Websites may permit the use of a specified payment gateway, being a merchant service provided by an e-commerce application service provider,that authorises credit card or direct payments processing. The Websites but reserve the right to make available other payment methods or gateways in the future, or withdraw payment methods or gateways in the future.
The buyer is responsible for all transaction fees, including fees, taxes and charges levied in association with the use of the specified payment gateway.
A link to the legal agreement or agreements for the payment gateway, if any, will be made available on the Websites.
8. Warranties, terms and conditions
To the extent allowed by Australian and Victorian law, the Websites exclude all implied warranties, terms and conditions.
The Websites and the owners/directors of E Guns are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Websites, or your inability to make or receive payment through the payment gateway.
9. No responsibility
You agree to not hold the Websites and the owners/directors of E Guns responsible for other users’ content, actions or in actions, including items they make available for sale or offer to purchase. If you sell goods and/or services to a purchaser, you are solely responsible for the delivery/shipping of the goods and/or services to the purchaser. The Websites do not engage in the delivery/shipping of any goods and/or services to the purchaser and will not act on your behalf.
10. Release from liability
If a purchaser or seller breaches any obligation to you, you and not the Websites or the owners/directors of E Guns are responsible for enforcing any legal or other rights that you may have against the other party, and you release the Websites and the owners/directors of E Guns from any potential liability attached to these alleged breaches.
As a buyer it is open to you to request a return or report that you didn’t receive the goods and/or services that you purported to purchase, or that there is a fault with the goods and/or services, or that they did otherwise not match the description published on the Websites. In such a situation, you acknowledge that the Websites and the owners/directors of E Guns do not provide returns, or apply a money back guarantee policy.
In such a situation it is open to you to contact the seller directly and request a refund, and/or request that the payment gateway to apply a charge back.
12. Taxes and Duties
Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, duties, or other taxes and levies that apply to items bought on the Websites.
The Websites do not provide your personal information to third parties for their marketing purposes without your explicit consent.
The Websites use and retain your information only as described in the E Guns User Privacy Notice.
14. Privacy of Others
If the Websites provide you with information about another user or users you agree you will use the information only for the purposes for which it is provided to you. You may not disclose, sell, rent or distribute a user’s information to a third party for purposes unrelated to the purchase and/or sale of goods and/or services. You also may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
You will indemnify the Websites (and E Gun’s officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Websites.
Legal notices must be served on the registered agent of the Websites (as updated from time to time and notified on the Websites). or to the following email and physical addresses: email@example.com, or PO Box 26 Sassafras Gully, Victoria, 3787.
The Websites or its representatives are not your principal, agent or distributor for any purpose in relation to this Agreement.
18. Choice of law
This Agreement will be governed in all respects by the laws of the state of Victoria, Australia.
19. Choice of forum
The Websites encourage you to resolve any disputes that may arise by using alternative dispute mechanisms such as mediation, including online dispute resolution processes. If a dispute cannot be resolved then you and the Websites irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. If any matter arises respect to matters grounded in Federal jurisdiction, the matters will be heard by the Melbourne Registry.
20. Entirety of Agreement
This Agreement contains the entire understanding and agreement between you and the Websites, and may be amended by E Guns from time to time without notice.