1. DEFINITIONS

(a) “Bidding” means placing the bid on EBay for the purchase of Goods online from PCN Auctions.

(b) “Contract” means a contract for sale of Goods online by PCN Auctions to the Purchaser incorporating these Terms and Conditions.

(c) “Goods” means the goods identified in PCN Auctions EBay listing.

(d) “PCN Auctions” means PCN Auctions Pty Ltd (ACN 124 866 548) selling Goods online to the Purchaser as identified in PCN Auctions eBay listing.

(e) “Purchaser” means the person or legal entity that is the successful bidder for the Goods.

(f) “Terms and Conditions” means these terms and conditions.

(g) “Winning Bidder” means a purchaser who has engaged in Bidding and who is notified by Winners Email confirming that it is the successful bidder to which the product bid for has been sold.

2. FORMATION OF CONTRACT

(a) All Goods sold online by PCN Auctions are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Purchaser. By Bidding the purchaser acknowledges that he/she is aware of the contents of, and agrees to be bound by, these Terms and Conditions.

3. ORDERS, PRICE AND PAYMENT

(a) If the Purchaser is notified by PCN Auctions that the Purchasers bid is the winning bid (“Winner’s Email”) the Purchaser must pay the purchase price stated in the Winners Email confirmation to PCN Auctions via direct bank deposit, Pay Pal, money order, bank cheque or company cheque.

(b) The successful highest bidder must:

(i) complete the sale transaction within 5 days from the end of the auction, ;

pay for all delivery, insurance and handling charges as stated in the item description;

(c) And if no communication is received from the Winning Bidder completing the sale transaction the Winning Bidder will be considered as a NON-PAYING purchaser & further eBay action may be taken against purchasers eBay account - including unpaid item strikes.

(d) GST is inclusive in the final purchase price for Australian purchasers.

(e) PCN Auctions obligation to deliver the Goods is subject to it receiving payment in full in cleared funds.

(f) PCN Auctions is not liable for any delay in delivery of the Goods, due to purchasers not using their eBay ‘User ID’ as a reference when any form of payment is being made.

(g) Tax Invoices will be provided on request. Email: sales@pcnauctions.com.au

4. TITLE AND RISK

Title to and risk in the Goods passes to the Purchaser upon delivery of the Goods to the Purchaser.

5. DELIVERY

(a) PCN Auctions will deliver the Goods to the place of delivery designated by the purchaser in the eBay ‘Checkout’ or if uncompleted the eBay registration details. Delivery of the Goods will be deemed to have taken place on delivery of the Goods to such address which must be a street address. Any PO Box entries will be denied.

(b) Any dates quoted by PCN Auctions for delivery of the Goods are approximate only and do not form part of the Contract. Please allow up to fifteen working days for delivery although in most cases you should expect between three and five days after payment is confirmed.

(c) PCN Auctions is not liable for any delay in delivery of the Goods, howsoever caused.

(d) The shipping and handling costs charged with your order by PCN Auctions is a non-refundable cost, unless you were shipped a different product to that ordered .

(e) PCN Auctions does not allow pick up of orders under any circumstances unless clearly stated in the eBay item description.

(f) Freight costs and shipment methods are not negotiable.

(g) PCN Auctions is not liable for any loss, theft, or damage to any Goods if no insurance is taken out on the item.

(h) PCN Auctions reserves the right (at its discretion) to dispatch items using whichever freight provider & service it feels is most appropriate.

(i) No weekend or after-hours delivery is available on standard delivery rates. Please contact sales@pcnauctions.com.au for quotes for non-standard delivery requirements including non-ground floor deliveries.

Multiple items can be combined and couriered together. Shipping discounts will apply as advised by PCN Auctions. Contact PCN Auctions for a quote sales@pcnauctions.com.au.

6. FORCE MAJEURE

If the performance of PCN Auctions obligations under these Terms and Conditions is delayed or prevented by any cause or causes beyond PCN Auctions control, PCN Auctions will be entitled to:

(a) terminate the Contract and refund the purchase price; or

suspend its duty to perform for as long as the circumstances amounting to force majeure continue but not exceeding three months after which the contract will be terminated and the purchase price refunded to the Purchaser;
but PCN Auctions will not be liable for any costs arising out of the termination of the contract or suspension of its duties to perform its obligations under the terms and conditions. Force majeure circumstances include, without limitation, adverse weather conditions, industrial action, war, fire, accidents, delay by supplier, difficulties in transport, breakdown in machinery or plant and shortage of materials or labour.

7. WARRANTY AND LIABILITY

(a) Unless stated in the product listing there is no warranty on items sold by PCN Auctions.

(b) Subject to any non-excludable warranty or guarantee implied by law:,

(ii) PCN Auctions does not give any warranty that the Goods are fit for any particular purpose; and

(ii) all warranties, conditions, terms, undertakings and obligations implied by statute or common law, trade usage, course of dealing or otherwise including warranties or conditions of, merchantability, fitness for purpose, satisfactory quality and/or compliance with description are hereby excluded to the fullest extent permitted by law.

(c) To the extent permitted by law (subject to clause 8):

(i) PCN Auction’s total liability under these Terms and Conditions will not exceed the total price paid for the purchase of Goods under these Terms and Conditions.

(ii) any typographical, clerical or other error or omission in sales literature, quotation, price list, order confirmation, invoice or other documents or information issued by PCN Auctions will be subject to correction without any liability on the part of PCN Auctions.

and in no event will PCN Auctions be liable for any incidental, indirect, special or consequential loss or damages arising out of or in connection with the purchase, use or performance of the Goods.

(d) All items are thoroughly inspected prior to dispatch. Therefore, any imperfection issues pertaining to stitching, scratching, scuffing etc will be deemed as being a result of general wear & tear & not covered by warranty.

(e) For all bike-related products - the warranty does not cover misuse and/or damage nor does it cover wear and tear related areas of the bike including but not limited to; the tires, tire tube, pedals, reflectors, paint work, decal stickers, etc.

(f) PCN Auctions endeavours to ensure that its listed products are photographed and described as the product is and any reported colour variations will not be accepted as grounds for return.

(g) All Warranties are non-transferable. i.e. warranty claims must come directly from the Purchaser..

(h) We are committed to working through any issues you may have in accordance with our policies. Should an issue arise, we will direct your case to our resolutions team who will contact you to resolve your case. For the quickest resolution please contact urgent@pcnauctions.com.au before leaving any negative feedback. PCN Auctions has a strong customer focus. We firmly believe that EVERY major issue can be worked out & resolved.

8. RETURNS

(a) Goods may only be returned if:

(i)_ they are “dead on arrival”, “damaged in transit” or “incorrectly shipped”;

(ii) a request for a return is sent to PCN Auctions within a period of 7 days of delivery;

and no refunds, returns or exchange are offered 7 days after confirmation of delivery is received by PCN Auctions.

(b) For the provision of a Returns Authorisation (RA) number please email us at: urgent@pcnauction.com.au as any returns without the RA number will not be accepted. RA returns must be received within 14 days from the date the RA is assigned.

(c) Returns will not be accepted:

(i) if the Purchaser is simply unhappy with their purchase, if the item was not what they expected or if they have changed their mind or they have made the wrong choice;

(ii) if the damage is caused by the Purchaser including misuse, unauthorised repair, tampering or improper adjustment; or

(iii) if the Goods have been used and are not in their original unopened or sealed condition.

(d) All replacement / repair / refund solutions are at the complete discretion of PCN Auctions. Generally, we will repair the item(s) or send a replacement and we will only provide a refund if a replacement is not available (assuming the return meets all conditions outlined).

(e) It is the purchaser’s responsibility to return any item(s) to PCN Auctions at their cost without exceptions. Returns sent by COD (Cash on Delivery) will be rejected.

(f) For refund transfers - the following charges will be deducted:

(i) a compulsory $10 administration and finances fee will be charged to cover all costs associated with reattempted transfer using the updated (and correct details) provided by the purchaser if the incorrect banking details are provided to us by the purchaser to PCN Auctions and the refund transaction is rejected;

(ii) eBay charges.

(g) Should an item be returned and found not to be faulty, the Purchaser will be liable to pay a compulsory testing service fee of $30 to PCN Auctions. the returned item will be dispatched back to them at their own cost only with no exceptions.

(h) Please be aware that non-adherence to all RA number and sending instructions will result in immediate cancellation of acceptance and all refund or replacement options being VOID. In the event of VOID return cases, the same item that was sent will be returned to the purchaser at the Purchaser’s expense. Grounds for VOID refund or replacement cases include anything where the item, and/or item accessories, and/or item packaging have not been returned in their original resalable condition. This includes (but is not limited to):
Damaged or missing item/s; and/or
Damaged or missing original item accessories; and/or
Damaged or missing item packaging (note - this includes all original box packaging); and/or
Insufficient protective parcel wrapping for transport that results in the item being damage during transport.

(i) Please allow up to twenty business days for the processing of all RA returns to allow for testing and assessment from the day we receive the returned item(s). There is no need to email us prior, as we will email you once processed.

(j) PCN Auctions takes great care in the packaging of all products prior to dispatch with our freight providers however, any box packaging-related damage sustained during the freight handling of Goods from PCN Auctions to the Purchaser is not covered by warranty, and will not be grounds for DOA / product return. This is unless postal insurance has been taken out on the item(s) - postal insurance will cover the winning bid item only.

9. INTELLECTUAL PROPERTY RIGHTS

(a) PCN Auctions does not warrant that the Goods are free from infringement of intellectual property rights in any country nor that the use of such Goods in any country is free from infringement.

10. ENFORCEABILITY

(a) If any provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain in full force apart from such provision that shall be deemed deleted.

11. LAW AND JURISDICTION

(a) This agreement shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.

12. INFERRED CONSENT

(a) By contacting PCN Auctions through eBay you are inferring consent for your e-mail address to be added to the PCN Auctions newsletter database. PCN Auctions respects your right to opt out of our e-mail marketing campaigns and provides an opt-out unsubscribe facility to do so.