Terms and Conditions
1.1 Acceptance of terms and conditions
This agreement represents the terms and conditions that govern a members use and access to the Besttrade.co.nz services and the Besttrade web site. By registering as a member of a person and/or business accepts these terms and conditions.
It is important that members familiarise themselves with and comply with the policies relevant to their use of the Besttrade website and services provided for under this agreement. Completion of the Besttrade registration process demonstrates acceptance of, and agreement to be bound by these terms and conditions.
1.2 Amendment of terms and conditions
Besttrade may amend these terms and conditions which may change from time to time. Members are responsible for ensuring they are familiar with the latest terms and conditions. Members continued use of the services represents their agreement to be bound by the amended terms and conditions.
In these terms and conditions, the following terms have their meanings set out as follows:
'item', or 'items' means goods that may be bought or sold through the auction or classified process;
'member' means a registered member of Besttrade 'services' means any of the services offered by Besttrade from time to time, including online classifieds and auctions, message boards, and any other service that Besttrade may offer.
'web site' means the Besttrade web site where the services are offered.
'listing' means a listing on the web site through which a member can negotiate, offer, and buy or sell any item, whether by auction or classified and
'seller' includes any person and/or business placing a listing.
2.1 Besttrade services
The besttrade website provides a place for members who want to buy and sell items & services. Besttrade is not involved in any part in the sale of items other than by providing the Besttrade website as a place for members. If a seller accepts a bid, a contract of sale shall be formed between the seller and buyer directly. Besttrade does not act as agent for either party and does not participate in any sale or transaction between members. Even though some of the services are referred to as an auction, Besttrade is not an auctioneer (under the New Zealand Auctioneers Act 1928 or in any other circumstance).
2.2 Transactions and any contact between members are undertaken entirely at a members own risk. Members agree that Besttrade accepts no responsibility or liability for any misconduct of any of its members including, without limitation, members that may have registered with false details and/or who may attempt to defraud other members. Besttrade gives no warranties, undertakings or representations with regard to any items sold or listed on the web site, including: ownership of any item; any content, safety, description, worthiness, quality, or legality of any item is listed on the web site; the accuracy or truth of any listings; that any item will meet a members requirements or expectations; or about the ability of members to complete a transaction, inclusive of credit card transactions.
Members understand and agree that:
Members use of the services is at their sole risk. The web site and services are provided on an as is and as available basis.
To the maximum extent permitted by law and without limiting clause 2.3, Besttrade disclaims and excludes all and any implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
(i) Besttrade does not warrant that the services provided will be uninterrupted, timely, secure, or error free, or
(ii) that any information, inclusive of any feedback provided on the web site is error free or reliable.
under no circumstance will any advice or information that is obtained by members from Besttrade or anyone else create any warranty by Besttrade not expressly stated in the terms and conditions; and the responsibility for any advertisements content appearing on this web site inclusive of hyperlinks to advertisers' own websites remains solely with the advertisers. Placement of any advertisements on the Besttrade web site does not constitute Besttrade recommendation or endorsement of the advertised service or product. Each and every advertiser is solely responsible for any representation made in its advertisement. Should Besttrade facilitate payment for any item by credit card, Besttrade is in no way involved in the transaction itself, and any responsibility for a refund shall rest with the seller of the item.
Members agree that any and all liability and responsibility of Besttrade to a member or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or a members use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Besttrade responsibility and liability is excluded in respect of any and all loss or damage, whether indirect or direct, including, without limitation, loss of data, loss of business or anticipated savings, loss of profits, incidental consequential and loss and general and special damages.
Members agree to release, indemnify and keep indemnified Besttrade from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings,damages, liabilities, or demands suffered or incurred by Besttrade to any person arising out of or in connection with a members failure to comply with these terms and conditions, a members failure to completed a transaction, a members sale or attempted sale of an item prohibited or arising out of any content or item a member submits, posts, transmits, or make available through the services.
Without limiting any other rights and remedies available to Besttrade, Besttrade may limit a members activities on the web site, remove a members bids or listings, warn other members of a members actions, issue a warning to a member, refuse to provide our services to a member or terminate or suspend a members membership if the member is in breach these terms and conditions or where Besttrade considers it appropriate.
2.7 Further rules:
Further to the terms and conditions laid out in this document, Listing Polices,
Banned & Restricted Items, and Job Listing Policies form part of these terms and conditions.
1-All listings shall be listed in New Zealand dollars and the price shall be inclusive of GST. All tax obligations are the responsibility of the buyer and/or the seller.
2-All persons who buy on Besttrade must be a resident of New Zealand. Persons resident in other countries are not permitted to participate in the Besttrade services and/or website.
3- Besttrade memberships are not transferable, and cannot not be sold, traded or leased out.
4-Members shall not list items that are not in the members possession. Members shall only place listings for items that exist and are available for immediate sale.
5-Besttrade does not prescreen listings for content. Besttrade reserves the right to remove any listing that it considers is in breach of the terms and conditions or unsuitable.
6-When a members auction closes, the member agrees to their email address being supplied to the buyer.
7-On completion of a transaction the member shall promptly forward the listed item to the successful buyer.
8-Members shall only place a bid if they intend to buy the relevant item at the bid price entered. Once the auction has closed members bids are not retractable.
9- If a member is notified that their bid has been successful, the member shall complete the transaction in the manner specified by the seller. When a member makes a bid, the member warrants and represent that they have the legal right to enter into and complete the transaction.
10- Members shall make full and prompt payment for any item purchased on Besttrade