ACEBEN LOAN OFFICE – TERMS AND CONDITIONS

We are Australia’s largest independent pawnbroker operating nine stores in George Street City, Parramatta, Bondi Junction, Campbelltown, Liverpool, Blacktown, Penrith and two offices in Rockdale. We also offer a range of second hand goods available for sale on our website including a large range of jewellery, watches, electronics and musical equipment.

These terms and conditions cover the sale of these second-hand goods on our website.

1         Acceptance

(a)     This website (Site) is operated by KALE SECURITIES PTY LTD & EVENPEN PTY LTD trading as Aceben Loan Office  (we, our or us). It is available at: www.aceben.com.au and may be available through other addresses or channels.

(b)     By accessing and/or using the Site you:

(1)            warrant to us that you have reviewed these Terms and Conditions and our Privacy Policy (available on the Site) (Terms), and you understand them;

(2)            are at least 18 years of age; and

(3)            agree to use the Site in accordance with the Terms.

Please read the Terms carefully and immediately cease using the Site if you do not agree to them.

(c)     You must not place an order for products through the Site unless you are at least 18 years of age.

2         Orders

(a)     You may order products from us as set out on the Site. Any order placed through the Site, is an offer by you to purchase a particular product or products for the price notified (including the delivery and other charges and taxes) at the time you place your order.

(b)     We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(c)     Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

(d)     It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.

(e)     When you order and pay on the Site, and your payment has been validated, including through any third party payment service, we will provide you with an email confirmation of your order, payment and delivery address.

(f)       Please be aware that some of the products sold through the Site, may not be suitable for children under 18 years of age. Please take extra care when ordering products for children under 18 years of age.

3         Availability and cancellation

(a)     All purchases made through the Site, are subject to availability. We do our best to keep products in stock and to keep the Site, up to date with the availability of products.

(b)     If there is a considerable delay in dispatching your order, or if for any reason we cannot supply the products you order, we will contact you using the details you provided when you placed your order. You may choose, at your discretion, whether you would like a refund or a substituted item.

4         Price and Payments

(a)     You must pay us the purchase price of each product you order plus any applicable delivery and insurance costs based on the delivery options selected by you as set out on the Site, (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery and insurance costs separately from the product price.

(b)     You must pay the Price using one of the methods set out on the Site.

(c)     You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.

5         Promotional Discount Codes

We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.

6         Delivery, title and risk

(a)     If possible we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide.

(b)     Delivery costs are set out on the Site.

(c)     We normally dispatch products within 3 Business Days of payment being received by us, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only and are based on information provided to us by the delivery company.

(d)     Business Day means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.

(e)     If you need to change the delivery date or delivery address, please notify us immediately in writing.

(f)      All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office.

(g)     Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(h)     Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in in your order.

7         Defects

(a)     If, within 48 hours, or otherwise at our discretion, after the delivery or collection of the products, you notify us in writing of any fault, defect or error in the products that differs from that as described on our Site, which is caused by a breach of these Terms by us (Defect), along with a photo and description of the relevant Defect, we will, at our own cost:

(1)        repair or remedy the Defect; or

(2)        if we are unable to repair or remedy the Defect, offer you a choice of a store credit or a refund with respect to that part of the Price applicable to the Defect.

(b)     If requested by us, you must make available or return to us the products the subject of a notice under clause 7(a), together with all packaging, parts, accessories, documentation and proof of purchase which were handed over by us with the products. You must adequately package any products you are returning to us to ensure they are not damaged during return delivery to us. We will pay for any delivery and/or postage costs under this clause.

(c)     Despite anything to the contrary, to the maximum extent permitted by law, our aggregate liability for any fault, defect, error, omission or lack of functionality or suitability with respect to the products will be limited to, and must not exceed, the costs we incur in complying with clause 7(a)(1) or 7(a)(2) (as applicable).

8         Returns

(a)     We offer store credits or refunds of products for change of mind where we determine (at our absolute discretion):

(1)        you have provided the proof of purchase and you purchased the products within 14 days prior to the request for a store credit or refund;

(2)        the products are in the same condition as when delivered taking into account the second hand nature of the products as described on our Site and to the extent applicable, have not been further damaged, tampered with, washed, altered, connected, installed or attempted to be connected or installed;

(3)        the products are in the packaging as delivered; and

(4)        the products have been returned to us.

(b)     We will not cover the costs of delivery or re-delivery for a change of mind return and you must cover these yourself.

9         Guarantee and Warranty

(a)     Products sold on our Site are second hand products. We guarantee that:

(1)        all jewellery is cleaned (in acid where possible) and polished before being offered for sale on our Site;

(2)        products are of acceptable quality taking into account their second hand condition including defects and age;

(3)        where any products come with a written description, that the products match that description; and

(4)        all products may come with a guarantee as described on the Site.

10     Limitations

(a)     Despite anything to the contrary, to the maximum extent permitted by law:

(1)            our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and

(2)            we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b)     Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(1)        loss of, or damage to, the products, or any injury or loss to any person;

(2)        failure or delay in providing the products; or

(3)        breach of the Terms or any law,

where caused or contributed to by any:

(4)        event or circumstance beyond our reasonable control; or

(5)        act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

(c)     Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

11     Intellectual property

(a)     All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.

(b)     You must not, without our prior written consent:

(1)            copy or use, in whole or in part, any of our intellectual property;

(2)            reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3)            breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

12     Termination

(a)     We may immediately suspend, terminate or limit your access to and use of the Site and (where applicable) your account) if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.

(b)     You may stop using the Site at any time for any reason.

(c)     We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.

13     Collection Notice

(a)     We collect personal information about you in order to, to enable you to access and use the Site, to contact and communicate with you regarding your order and for other purposes set out in our Privacy Policy.

(b)     We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c)     Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

(d)     By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

14     General

(a)     Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms and Conditions without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b)     Notices: Any notice given under these Terms and Conditions must be in writing and addressed to us at the details set out below or to you at the details provided when submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.

(c)     Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms and Conditions does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d)     Relationship of parties: These Terms and Conditions are not intended to create a partnership, joint venture or agency relationship between the parties.

(e)     Severance: If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(f)      Assignment: You must not assign any rights or obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent.

(g)     Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(h)     Amendment: We may, at any time and at our discretion, vary these Terms and Conditions by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(i)       Governing law: These Terms and Conditions are governed by the laws of New South Wales. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.

 

For any questions and notices, please contact us at:

KALE SECURITIES PTY LTD & EVENPEN PTY LTD trading as Aceben Loan Office ABN 80 210 838 211

Email: chambers@acebenpay.com.au

Last update: 13 June 2018