Terms & Conditions Time & Tide Watches Pty Ltd ABN 18 367 821 559
Welcome to the Time & Tide Watches Marketplace. These terms and conditions (Terms and Conditions) govern your use of https://marketplace.timeandtidewatches.com/ (Site). Please read these Terms and Conditions carefully before using the Site. By using the Site or by purchasing any Product, you agree to these Terms and Conditions. If you do not agree to the Terms and Conditions, you should stop using the Site.
We may update or amend these Terms and Conditions at any time. Please check the Terms and Conditions regularly to ensure you’re aware of the current version.
Introduction and Definitions
1.1. Time & Tide Watches Pty Ltd ABN 18 367 821 559 (also referred to as ‘we’, ‘our’, ‘us’ or ‘Time+Tide’) operates an online publishing / marketplace platform via the Site, allowing customers to purchase all things related to watches.
1.2. In these Terms and Conditions, the following defined terms apply: ‘Business Day’ means a day that is not a Saturday, Sunday or public holiday in either Melbourne, Sydney, Brisbane, Adelaide or Perth. ‘Buyer’ (also referred to as ‘you’ or ‘your’) means a person who browses the Site, being a potential buyer of a Product via the Site, and also a person who wishes to purchase, or has already purchased, any Product from a Seller; ‘Product’ means a good or service advertised by, or sold by, a Seller on the Site; and ‘Seller’ means any entity that lists a Product on the Site for sale as identified on the listing for that Product.
The Time+Tide Marketplace
2.1. Time+Tide provides a platform for Sellers to list Products for sale, and for you to purchase Products from Sellers. We are not a party to any contract between you and a Seller, except where Time+Tide is listed as the Seller. Each order placed by you will form a separate contract between you and Seller which incorporates these Terms and Conditions.
2.2. We rely on Sellers to provide information about their Products. We use reasonable endeavours to ensure that the information we include on the Site is accurate and up-to-date. However, we cannot guarantee the accuracy, currency or completeness of the information provided to us. To the maximum extent permitted by law, we accept no responsibility for errors in any content on the Site at any time.
2.3. We do not guarantee that your use of our Site will be uninterrupted or error-free, or that materials accessible on or through the Site will be free from errors, viruses, worms or other harmful codes.
2.4. If you think any content on this website is inappropriate or unlawful or infringes your rights, please contact us at firstname.lastname@example.org
Your Use of the Site
3.1. You agree to only use the Site in accordance with these Terms and Conditions and any applicable laws. Without limiting this clause 3.1, you agree that you must not:
3.1.1. use data mining, scraping or similar data gathering tools or attempt to copy any data available via the Site; or
3.1.2. interfere with, disrupt or otherwise adversely affect the Site or any associated equipment, or any security related features of the Site.
3.2. Several features of the Site may require you to create an account with us. To create an account, you will be asked to provide us with information about you and to create a password. You can update your information or your password by accessing your account after signing in.
3.3. You must ensure that only you have access to your account and must maintain the confidentiality of your password. You must notify us immediately if you suspect that your account is being used by a third party or if your password may no longer be secure.
4.1. You must have legal capacity to enter into contracts in order to purchase Products on the Site.
4.2. To purchase a Product, you must: (i) add the Product to your Shopping Cart; (ii) review your Shopping Cart to ensure you have selected the correct Product; (iii) provide the required details as part of the Checkout process; (iv) nominate a payment method; and (v) submit the order to finalise your purchase. Your order will only be finalised after your receive a confirmation email from us.
4.3. Once your order is confirmed, a contract will be formed between you and the Seller, and your order will be fulfilled by the Seller for that Product. The Seller (or us on the Seller’s behalf) will contact you if the Seller is unable to accept your order for any reasons (including if the Product is no longer available).
4.4. Unless otherwise stated, all transactions are processed in Australian dollars (AUD) and are inclusive of all applicable taxes.
Shipping and Click & Collect - Shipping and Delivery Policy
5.1. Standard delivery times for Products purchased through the Site are between three (3) and thirty (30) Business Days. In the event that an ordered item is not available or it is not possible to fulfil your order, we or the Seller will endeavour to notify you within ten (10) business days to arrange an alternative Product, a backorder or a full refund. Please note, in some cases there may be a delay in processing orders due to the Time & Tide Marketplace fraud detection process. Where items are custom made or limited editions, longer lead times may be required. Click & Collect
5.2. The ‘Click and Collect’ feature on the Site enables you to purchase a Product online and collect the purchase from a Seller’s store. The service is only available if the ‘Click & Collect’ icon is shown on the Product listing. It is your responsibility to ensure you have the correct details of the Seller and that you have correctly entered all order details (including your contact details). You will be notified by the Seller within approximately 1 to 3 Business Days after having placed the order as to when the Product is ready for collection. You must present current photo identification and a payment receipt for the purchase to collect ‘Click & Collect’ purchases from the Seller.
Exchange, Returns & Refunds
6.1. The “Exchange, Returns, and Refunds Policy” section on each Product listing provides details about when you can seek to exchange, return or obtain a refund for that Product. These rights are in addition to your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
6.2. If the “Exchange, Returns, and Refunds Policy” section on the Product listing does not provide details of who to contact to seek to exchange, return or obtain a refund, please contact us at email@example.com and we will forward your request to the Seller or direct you to the appropriate person to contact.
6.3. When contacting us, please make sure you also provide us the following details: • Your full name • Your address • Your order number • The date of delivery (or collection) of the Product • The name of the Seller • The reason why you are returning the Product • Your instructions informing us how you would like the issue resolved • Contact phone number • The original order confirmation or invoice you received for the Product.
6.4. If necessary, we or the Seller may request further information from you in relation to the exchange, return or refund.
6.5. Products may also be covered by a manufacturer or Seller’s warranty. Details of this warranty will be included either on the listing for the Product, on the manufacturer’s website, or with information delivered to you when you receive the Product. You must familiarise yourself with the manufacturer’s/Seller’s warranty and comply with its terms when seeking to exercise any rights under that warranty.
7.1. To the maximum extent permitted by law, Time+Tide and its directors, officers, employees and agents (“Released Parties”) exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of profits or loss of opportunity) which you suffer, whether arising under contract, tort (including negligence), equity, statute, or any other cause of action, or otherwise, as a result of using the Site. You release the Released Parties from all such claims and liability.
7.2. The Site and all information included in the listing for each Product is provided “as is”. To the maximum extent permitted by law, we exclude all warranties, representations, implied terms and guarantees about the currency, accuracy, suitability, functionality or reliability of the information on the Site or about the Products. Except as expressly provided in a Product listing or these Terms and Conditions, the Seller makes no representation and gives no warranties in relation to any Product.
7.3. In respect of any conditions, warranties and guarantees which cannot be excluded by law, to the extent permitted by law, the liability of the Time+Tide for a breach of such a condition, warranty or guarantee is limited (at its option) to supplying the services again or payment of the cost of having the services supplied again.
7.4. Time+Tide will not be liable for any failure to perform its obligations under these Terms and Conditions where that failure is caused by any action or cause which is beyond the reasonable control of Time+Tide including, without limitation, any form of technological failure or the actions of third parties including any Seller which is not Time+Tide. Time+Tide has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise.
8.1. The Site may contain links to other websites and may display content or information (including advertisements) from other websites within frames on the Site. We are not responsible or liable for that content and do not warrant its accuracy, completeness or suitability for any purpose. If you enter access a third party website from the Site, you do so at your own risk.
9.1. (Governing law and jurisdiction) All matters in connection with these Terms and Conditions is governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
9.2. (No Waiver) If we do not take action in relation to a particular breach of these Terms and Conditions, this will not be treated as a waiver by us of any right or remedy in respect of any existing or future breach of these terms.
9.3. (Severability) If any clause in these Term and Conditions, or any part of any clause, is invalid for any reason, it will be severed or read down without affecting any other part of these Terms.
9.4. (Entire Agreement) These Terms and Conditions constitute the entire agreement between us and you with respect to the Site (including your purchase of any Product).
9.5. (Overseas Users) The Site may be accessed by users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.
Last updated March 2020 by Time & Tide Watches Pty Ltd