Terms and Conditions

The following are the terms and conditions (the "Terms") under which you (a "User") may use the websites and co-branded websites of Stack Sports (the "Company") at any other addresses (any or all of which are herein referred to as the "website"). Specific rules, in addition to these Terms, are provided at section 4 below with respect to auctions and/or other transactions conducted on or in connection with the website (the "Auction Service").

Your use of the website and/or the Auction Service constitutes your agreement to all terms, conditions, and notices contained herein and otherwise posted on the website (the content of such agreement, inclusive of the Terms and all such additional conditions and notices, are together referred to herein as the "Agreement."). If you do not accept any of the provisions of the Agreement, you must not use the website or the Auction Service.

The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

Section 1. Material on the Web Site

If you are under 18 years of age you must obtain a parent's/guardian's consent prior to using the Website. Notwithstanding such a consent, if you are under 18 years of age you may not use the Auction Service.

The contents of the website, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material ("Material" or "Materials"), are protected by copyright under the laws of Australia as well as other countries, and are owned or controlled by the Company or by third parties that have licensed the use of the Material to the Company. The Company authorizes you to view and download a single copy of the Material solely for your personal and non-commercial use. The use of any software that is made available for downloading from the website ("Software") is governed by the terms of the software license agreement accompanying such software (the "License Agreement"), and is conditioned on your agreement to be bound by the terms of the License Agreement. All rights in and to the Material not expressly granted to you by the Agreement are reserved. Neither the availability of, nor anything contained within, the website shall be construed as conferring any license under any of the Company's or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.

Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Material (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material or any portion thereof on any other website, or in any publication, database, catalogue or compilation, or in a networked computer environment for any purpose other than personal browsing of the website without the prior written permission of the Company is strictly prohibited. With respect to any copy you make of the Material within the scope of the limited personal license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Material. Some of the Material may contain digital "watermarks" to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. The trademarks, logos and service marks (the "Marks") displayed on the website are owned by the Company or third parties. You are prohibited from using the Marks without the prior written permission of the Company or such third party. If you would like information about obtaining the Company's permission to use the Material on your website, contact Stack Sports at auctions@stacksports.com.

The Company reserves the right to employ robot exclusion headers and similar mechanisms within the website, and you agree that you and all persons and facilities under your control will honour such headers and mechanisms. Regardless of the presence or absence of any such headers or mechanisms, and without limiting the generality of any other restriction on use of the website or the Material set forth in this Agreement, you will not in any event use any robot, spider, or other automatic or manual device or process for the purpose of compiling information regarding the identification, address or other attributes of any Users or to recreate in original or modified form any substantial portion of the website. You further agree not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of the website or any transactions being conducted on or in connection with the websites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Company's servers or systems.

Section 2. Privacy

The Company is committed to maintaining your privacy. The Company does, however, gather certain information that you provide to the website. For information regarding the Company's policies for using User information, including personal information provided in registration as a User, please read the Company's Privacy Policy.

The Company will take all reasonable steps to abide by the Privacy Policy and all Users hereby agree to its terms and agree to act in accordance with the policy when using this website. If you do not agree to the collection of this information and the other information specified in the Privacy Policy, then do not accept the terms and conditions of this Agreement when registering for the Auction Service and/or do not use the website.

By accepting the terms of this Agreement, you consent to the following: (A) collection of a variety of personal information which is specified in greater detail in the Privacy Policy (this information includes your address, date of birth and contact details; in some cases, credit card details are securely stored and encrypted. This occurs in the payment gateway at the time that the user registers and authorises their card; bidding and buying activity in connection with the Auction Service; and your use of the website generally); (B) use of the above personal information for certain purposes specified in greater detail in the Privacy Policy, including without limitation for internal use for improving the Auction Service, meeting the Company's legal obligations, statistical analysis of usage of the website and administrative purposes connected with the website; and (C) the Company's disclosure of your information in certain circumstances as specified in the Privacy Policy, including without limitation to The Carlton Shop Auctions, subject to applicable law.

Section 3. Registration, Passwords and Signatures

In consideration of your use of the Auction Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may be prompted to fill out on the website to use the Auction Service (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or the Company has grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the website and the Auction Service.

You will receive a password and/or account designation upon completing the registration process to use the Auction Service. You are responsible for maintaining the confidentiality of any such password and account, and are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify the Company of any unauthorized use of your password and account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this paragraph.

You may request that your account be closed by contacting Stack Sports customer support at auctions@stacksports.com. You may not close your account while you are the highest bidder on an auction in connection with the Auction Service.

Section 4. Auctions - Specific Terms and Conditions

Items offered on the Auction Service.
1. The Company will endeavour to:
  1. provide accurate descriptions to fairly reflect each item listed for sale on the Auction Service;
  2. ensure that each item for auction as part of the Auction Service is available at the time of the auction; and
  3. ensure The Carlton Shop Auctions transfers clear title to each item to the winner of the auction, subject to receipt of payment.
2. Details concerning collection and/or delivery of items by a winning bidder following the conclusion of an auction are stated in the item description. The Company and/or The Carlton Shop Auctions may withhold delivery of an item until the winning bidder has paid all sums due in connection with the auction.
3. The item description will state whether GST is applicable. If GST is applicable and not stated as inclusive it will be payable in addition to the amount of the winning bid.
4. All auction items offered as part of the Auction Service are subject to a buyer's premium. The buyer's premium is an additional fee traditionally charged by auction houses on the sale of goods. All online auction bid prices as part of the Auction Service are shown exclusive of the buyer's premium. The buyer's premium is shown separately and will be added to your bid price. This plus any other additional charges is the total amount that you will be required to pay should you win the auction.
5. Items which display the "Buy Now" option can be purchased immediately for the nominated price, without the need to wait until the auction ends. The Buy Now option is only shown on listings until an item receives a bid of or above the Buy Now price.
6. Some auctions on the Auction Service are listed with a reserve, which is a hidden minimum price on the item. This amount is the minimum price for which an item will be sold. You will be able to see from the category item listing and within the item page whether or not the reserve has been met. If the reserve is not met at the conclusion of the auction, the item will be passed in. To win the item you must meet or exceed the reserve price and have the highest bid at the close of the auction.
7. Items are offered for sale as part of the Auction Service are subject to the specific warranty details described with each item and the Company's returns policy below. The Company excludes, to the extent permitted by the Trade Practices Act and state and territory laws, all other warranties or conditions, whether express or implied, including, without limitation, implied warranties or conditions of merchantability or fitness for a particular purpose.
Bidding
1. When you bid for an item using the Auction Service, you make an offer to purchase the offer at the bid price. If your bid price is the highest bid at the conclusion of the auction, you will be the winner of the auction and obliged to purchase the item, as set out below at section 4 clause 3 below. Bids cannot be lowered or withdraw once made, unless the Company determines in its sole discretion that exceptional circumstances exist.
2. You should read the item description carefully prior to bidding to make sure that you clearly understand what it is that is the subject of the auction, and any applicable terms and conditions, including delivery terms, experience dates and buyer's premium.
3. You must not attempt to solicit sales first listed as part of the Auction Service away from the website. You must not engage in manipulating the price of any auction, including through using secondary registrations, associates or aliases or communicating with other Users with the purpose of manipulating the final purchase price of an item or otherwise acting fraudulently.
4. When you place a bid for an item the Auction Service will automatically bid on your behalf up to your nominated maximum bid amount. When you are outbid, you will be notified by email (if you have chosen to receive outbid notifications). If there is a proxy bid on an item, and your bid matches the maximum of the proxy, then the proxy will remain the current bid. To beat the proxy an additional bid will need to be made. When you place a bid on an item you may be outbid immediately. This is because someone else has entered a higher maximum bid amount than you.
Winning an Auction
1. If you are the highest bidder at the conclusion of an auction, you must pay the winning bid amount, the buyer's premium, the GST and any other fees and charges specified in the item description to the Company within 7 business days of the closure of the auction. If you do not complete the transaction within 7 days the Company may take legal action against you for the amount of all money owing to the Company or cancel the sale to you and re-sell the item and charge you a cancellation fee equal to 30% of the amount owed to the Company. Title in the item does not pass until you pay the full amount payable.
2. Where two or more bids for the same item are made for the same amount, the winning bid will be the bid that was made first.
3. The auction closes at the end of the time period specified in the item description where there are no new successful bids during the 5 minutes immediately preceding the end of the time period specified. If a bid that exceeds the previous highest placed bid is made within 5 minutes of the scheduled closing time of an auction, then the auction will go into overtime and the auction will continue to be extended until there are no more high bids made for a continuous 5 minute period. The Company accepts no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in auction overtime.
4. The Carlton Shop Auctions is responsible for delivery of the item to the winning bidder unless the Company notifies otherwise.
Your responsibilities
1. You are solely responsible for your transmissions in relation to the Auction Service. You must:
  1. not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Auction Service;
  2. not permit another person to transmit communications that falsely identifies your account as the origin of such a communication;
  3. not interfere with or disrupt networks connected to the Auction Service;
  4. not use the Auction Service for illegal purposes;
  5. comply with all regulations, policies and procedures of networks connected to the Auction Service which either apply by operation of law or are referred to in the website; and
  6. not re-sell or offer to re-sell access to the Auction Service to another person or make or offer to make other commercial use of the Auction Service to another person.
2. Australia and most foreign countries regulate the importation and exportation of tangible property. Many countries require a declaration of export for property that is leaving the country. Additionally, most countries require an Import Declaration at the time of customs clearance of property into that country. Upon import, these countries may impose duties, other taxes and/or restrictions on the property. If you live outside of Australia, it is your responsibility to make arrangements for property bought at an auction to be legally imported into your country. You agree that you are responsible for familiarising yourself with and complying with any and all applicable rules and regulations at your cost. The Company makes no representation or warranty and accepts no liability whatsoever to you or any third party in respect of the availability or issuance of valid import and export permits for items bought using the Auction Service.
Returns, Exclusions and Acknowledgements
1. Subject to the provisions of any applicable consumer protection laws, items won at auction may only be returned within the 7 day period after delivery to you and only if they have been materially incorrectly described in the item description. In these situations the Company will refund to you the amount paid for the item. There are no refunds in other circumstances, including 'change of mind', except as provided at law.
2. Subject to any rights you may have under the Trade Practices Act and similar laws the Company does not make any promises that the items auctioned are fit for a particular purpose or that the Company will be able to replace or exchange any of the items which are found to be defective on delivery.
3. The Company is not responsible for bids not received, processed or accepted due to technical difficulties, In particular, the Company is not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
4. The Company provides the Auction Service without any warranty or condition with regard to the website's capacity express or implied except those warranties which are implied by law. In relation to the items which are auctioned as part of the Auction Service, the Company provides those warranties implied by law.
5. You acknowledge that the Internet may be an insecure and unstable marketplace. The Auction Service may not be available at all times or bids placed in auction may not be processed or may not be accepted for reasons beyond the Company's control. In these circumstances the Company accepts no responsibility.
6. You may be sued by the Company for losses suffered by the Company and its suppliers if you manipulate the bidding in auction or take other illegal action. It is illegal to bid with an invalid or stolen credit card or with a false name, even if the Company's software initially accepts such a bid. Fraudulent bidders will be prosecuted to the full extent of the law.
7. To the extent that the Company is under the Trade Practices Act or State and territory law to limit the remedies available under this Agreement, the Company expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is at the Company's sole discretion):
  1. in the case of goods, any one or more of the following, at the Company's absolute discretion:
    1. the replacement of the goods or supply of equivalent goods; or
    2. a full refund, provided that this is consistent with the refund policy stated at section 4 clause 6(a) above,
  2. in the case of services
    1. supply of the services again; or
    2. a full refund.

Section 5. Links to Other Sites

The website may contain links to third-party websites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

Section 6. Liability Disclaimers

The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to an item as detailed in Section 4, the Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the website, the Auction Service and the Material. Any use of the website, the Auction Service and the Material is at your own risk. Some Material on the website is provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.

The Company does not warrant that the website and the Auction Service will operate error-free, continuously or without interruption, or that the website or its server are free of computer viruses or other harmful content. If your use of the website, the Auction Service or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.

The website, the Auction Service and Material are provided on an "as is" basis without any warranties of any kind. The Company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of proprietary or third-party rights, and the warranty of fitness for particular purpose except as set out in section 4 in relation to the Auction Service and unless the Company and its suppliers are required to provided such warranties under applicable law. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the Material, services, software text, graphics, and links.

Section 7. Disclaimers of Certain Damages

If you are dissatisfied with any portion of the website or the Auction Service or with any provision of the Agreement, your sole and exclusive remedy is to discontinue using the website and/or the Auction Service. Under no circumstances shall the Company or The Carlton Shop Auctions be liable to any User or any third party on account of that User's use of the website or the Auction Service. In no event shall the Company or The Carlton Shop Auctions and/or their suppliers be liable to you or any such third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website and/or the Auction Service, the delay or inability to use the website and/or the Auction Service, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website and/or the Auction Service, or otherwise arising out of the use of the website and/or the Auction Service, whether based on contract, tort, strict liability or otherwise, even if the Company or The Carlton Shop Auctions or any of their suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Section 8. Indemnity

You agree to defend, indemnify, and hold harmless the Company, The Carlton Shop Auctions, their officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software),the website and/or the Auction Service, your breach of this Agreement, or your violation of law or of the rights of any third party. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.

Section 9. General

The Company makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of Australia. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the website and/or the Auction Service from outside of the Australia, you are responsible for compliance with the laws of your jurisdiction.

The website and Auction Service is based in Victoria, Australia. All legal issues arising from or related to the use of the website and the Auction Service shall be construed in accordance with and determined by the laws of the State of Victoria applicable to contracts entered into and performed within the State of Victoria without respect to its conflict of laws principles. By using the website and/or the Auction Service, you agree that the non exclusive forum for any claims or causes of action arising out of your use of the website and/or the Auction Service shall be the State courts of Victoria.

If you violate any provision of the Agreement, your permission to use the website and the Auction Service will automatically terminate and you must immediately destroy any copies you have made of the Material. The Company reserves the right, in its sole discretion, to expel Users and prevent their further access to the website and/or the Auction Service for breaching this Agreement or any law.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Auction Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the website and the Auction Service. Except as set out in this Agreement, any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.

For technical assistance relating to The Carlton Shop Auctions, please contact Stack Sports customer support at auctions@stacksports.com. Email enquiries will be responded to within 24 hours on weekdays. Emails sent on weekends or public holidays will be responded to on the next business day.