Terms and Conditions of Sale and Servicing

1. About Yelowmarket
(1) Your purchase of goods or services from www.yelowmarket.com (“website”) is subject to these Terms and Conditions of Sale (“Terms”). If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
(2) Yelowmarket Pty Limited ACN 614 547 456 (“us”, “our”, “we”, “Yelowmarket”), carries on business from the website.
(3) The goods and services described in this website are available from Yelowmarket and will be available for you to make an offer to Yelowmarket via the website to purchase at the specified price on or before the end date specified in a current catalogue or price list, or until otherwise removed from the website or as specified, and where Yelowmarket accepts your offer, Yelowmarket will supply the goods or arrange for delivery of services to you in accordance with these Terms.
(4) You and Yelowmarket may enter into a sale contract for the supply of goods or services, by you making an offer to Yelowmarket via the website, to purchase goods at the specified price or order serves, subject to these Terms.
(5) The “Yelowmarket” logo and words are registered trade marks of the and used under a limited license by Yelowmarket.
(6) In these terms:
– “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
– a reference to a “third party” in these terms includes a reference to any agent or contractor of Yelowmarket, the Licensor or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.
– a reference to the “websites” means www.yelowmarket.com
– “Order” means an offer made by you in response to an invitation to treat made by Yelowmarket Online via the website.
2. User Agreement
(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2)These Terms apply to all sales made by us to you whether products and services are purchased online or over the telephone. We sell some products under agency agreements with manufactures. If you are buying products from these manufacturers, you will be subject to their terms and conditions of sale, which will prevail over these Terms to the extent of any inconsistency.

We will receive payment from you for the above products on behalf of the manufacturer and your tax invoice for these products will come directly from them. If you are paying for these products by credit or debit cards, you consent to us disclosing your credit or debit card information to the manufactures for the purpose of obtaining payment for the products. Delivery for most of these products will be by the relevant manufacturers.

(3) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
3. Guests and Registered Users
(1) You may access and/or use the website as a guest or as a member.
(2) To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products or services to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us.
(3) You will receive an email from us as soon as practicable after you create your membership account.
(4) We only permit one registration per email address.
(5) You must not use another members’ account without permission.
(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact us.
(8) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
4. Legal Capacity
(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(2) Any Order made by you using this website is an acknowledgement by you that you:
i. are over the age of eighteen (18) years;
ii. accept these terms;
iii. agree that you have entered into a legal contract with Yelowmarket in relation to these terms; and
iv. these terms, together with your order, constitute the entire agreement between you and Yelowmarket for the supply of products or delivery of services.
(3) Yelowmarket reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Yelowmarket may suffer as a result of a transaction entered into by a minor.
5. Orders
(1) We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(2) Representations of goods for sale or services for delivery made by Yelowmarket via the website do not constitute an offer to sell but an invitation to treat.
(3) You and Yelowmarket may enter into a contract for the supply of goods or delivery of services by you making an offer via the website to purchase goods or acquire services at the price advertised on the website by:
(i) placing an electronic Order for the goods or services using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) the acceptance of that offer by Yelowmarket.

(4) Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.
(5) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the products or acquire the services only when:
(i) any requirements set out in these terms have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database;
(iv) Yelowmarket receives in its account (a) full payment from you for the goods (including any applicable delivery and handling charges) or (b) the deposit required for the services as quoted by Yelowmarket (as the case requires) and confirmation of that payment is received by our database.
(6) You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Yelowmarket for reasons beyond either party’s reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, Yelowmarket is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) Yelowmarket may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) Yelowmarket may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(7) You will receive an email from Yelowmarket as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us.
(8) If your Order is not accepted by Yelowmarket, Yelowmarket will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(9) Yelowmarket may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
(10) If Yelowmarket cannot supply particular goods or deliver particular services, Yelowmarket will notify you by telephone or email as soon as possible.
(11) Yelowmarket will be deemed to have accepted your Order when your Order is delivered (in the case off goods) or your Order is undertaken (in the case of services) to your specified delivery address.

6. Price
(1) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
(2) Images of products shown without any advertised price beside that image are not offered for sale.
(3) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(4) We reserve the right to correct any errors published on the website.
7. Payment
(1) All payments must be made in full prior to delivery unless otherwise agreed, in writing, by Yelowmarket.
(2) Payments must be made via the PayPal secure payment gateway facilities accessible via the website or such other secure payment facilities (including Stripe Xero) offered by Yelowmarket, from time to time and will be subject to any terms and conditions of PayPal or such other secure payment facilities so offered.
8. Supply and Delivery
(1) Subject to you complying with these Terms and acceptance of your Order by Yelowmarket, Yelowmarket will supply the goods or deliver the services to you as shown on your Order confirmation.
(2) You acknowledge that Yelowmarket is sourcing the goods or services that are the subject of your Order from a third party supplier (the Supplier) and that the delivery of the goods or services will be dependent upon the delivery terms and arrangements offered by the Supplier.
(3) You may request a date for delivery and we will do our best to arrange delivery on that date. However, some delivery areas may have set delivery days. If we cannot deliver on your preferred day we will contact you as soon as possible.
9. Delivery by Post or Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specified address.
(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(3) If you Order large or bulky items, Yelowmarket will contact you by telephone or email to arrange with you a suitable time for delivery.
(4) Yelowmarket will use its reasonable endeavours to deliver your Order within any stated timeframes for dispatch, however Yelowmarket does not warrant that these timeframes will always be met, as many factors may affect these timeframes, including the Supplier’s delivery timeframes.
(5) Yelowmarket cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor or the Supplier, as the case may be.

10. Title and risk in goods
(1) Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or removed from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

(2) You acknowledge and agree that clause 8.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, we each agree to contact ut of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third party information referred to in that section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
11. Payment fraud
(1) The website employs the latest in Secure Sockets Layer technology from PayPal secure payment gateway to secure our payment systems and may, from time, make available to you other secure gateway facilities.
(2) To the extent permitted by law, Yelowmarket will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card, PayPal or other secure gateway facility account is fraudulently used or is used in an unauthorised manner.
12. Disclaimer and Indemnity
(1) To the extent permitted by law, Yelowmarket, the Licensor and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(i) errors, mistakes or inaccuracies on the website;
(ii) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(iii) personal injury or property damage of any kind resulting from your access or use of the website;
(iv) any unauthorised access to or use of the websites secure servers;
(v) any interruption or cessation of transmission to or from the website;
(vi) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(vii) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Yelowmarket and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, Yelowmarket and each of its related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
13. Warranties and Limitation of Liabilities

(1) Nothing in these terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL”) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the ACL, the following notice applies to you:

“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees”). You are entitled to a replacement or refund for a major failure and for 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.”

(2) Your product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturers warranty may be your sole remedy. However, you should check the manufacturer’s warranty carefully as many manufacturer’s warranties will not apply in a business or commercial setting. If you would like to make a claim under the manufacturer’s warranty, please contact us.

(3) Subject to this clause 13, and to the extent permitted by law:
• (a) all terms, guarantees, warranties, representation or conditions which are not expressly stated in these Terms are excluded;

• (b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computer products), arising out of or in connection with products, the services or these Terms (including as a result of not being able to use the products or services or the late supply of or services, or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

• (c) our total liability arising out of or in connection with the products, the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid to you for the purchase of products and services under these Terms.
(4) Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost or repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

(5) To the extent permitted by law, any typographical, clerical or other error or omission in sale literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by us will be subject to correction without liability on our part.

14. Order Enquiries
If you have any query about the progress of your Order please contact us. Please have your Order number handy as shown on the email confirmation.
15. Damaged or Faulty Products and Refund Policy
If any product ordered by you arrives damaged or is not of acceptable quality you may have:
(a) rights under our refund, repair or return policy;
(b) rights under the Supplier’s sale terms and conditions, product warranties or guarantees;
(c) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
(d) rights to have the goods repaired or replaced or to receive a refund of the price paid by you for the goods.
If any services ordered by you are not completed or not of acceptable quality you may have:
(a) rights under our refund, repair or return policy;
(b) rights under the Supplier’s sale terms and conditions, product warranties or guarantees;
(c) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
(d) rights to have the services undertaken again or to receive a refund of the price paid by you for the services.
16. Privacy and Personal Information
(1) Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).
(2) The privacy of your personal information is important to Yelowmarket.
(3) Yelowmarket and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us. Personal information may include your name, residential and/or postal address, telephone number and email address.
(4) Your personal information is not collected if you only browse this website.
(5) Online payments are handled by Paypal or such other secure gateway facilities offered by Yelowmarket, from time to time, under these terms and conditions.. Yelowmarket does not store your credit card or banking details. Please check the secure gateway facility website that you elect to have your payment processed via for details of privacy policies and security measures.
(6) Each of Yelowmarket, its related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Yelowmarket and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the goods sold, or services delivered, via the website that Yelowmarket thinks may be of interest to you. If you would prefer not to receive promotional or other material from Yelowmarket or its third parties, please let us know and Yelowmarket will respect your request. You also agree that Yelowmarket may contact you by telephone to arrange delivery or collection of your Order.
(7) You may request Yelowmarket to remove your personal information from its database by emailing us.
(8) For further details about Yelowmarket’s privacy practices please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact our Privacy Officer at privacyofficer@yellowmarket.com
17. Force Majeure
Yelowmarket will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
18. Governing Law
(1) These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(2) If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Yelowmarket makes no representations that the content of the website complies with the laws of any country outside Australia.
19. Severability
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Yelowmarket.
20. Transfer and Assignment
If Yelowmarket merges, sells or otherwise change control of its business or this website to a third-party, Yelowmarket reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Yelowmarket has collected from you and any agreements it has made with you
21. Waiver
The failure by Yelowmarket to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Yelowmarket.