Terms and Conditions:

Definitions-

  1. Broker– Trails View MTB Broker (‘Trails View’ or ‘Broker’)
  2. Purchaser– Any person who engages in buying a product or using services supplied by Trails View MTB Broker
  3. Vendor– Any person selling a product through the Broker
  4. Marketing Agency– Includes any marketing Broker hired by Trails View MTB Broker to enhance social media or general marketing reach

The Broker will rely on the authority of the Vendor to act on their behalf as a broker to sell goods, and the Vendor and Purchaser will be bound by the terms and conditions as set out below:

  1. Collection of information

When you sell or purchase a good or service from Trails View MTB Broker your personal contact information as well as information about the good or service purchases is gathered and stored. This includes your name, phone number and email address. In engaging our services, you agree to have your contact details passed on to our marketing personnel in order to aid our future marketing campaigns. When the Broker discloses personal information to marketing agencies, the Broker is in no way to be held accountable for the way in which the marketing agency uses the information. This includes the transfer, share, send or otherwise make available or accessible to another person or entity, print hard copies for reference and store personal details on its computers, servers and in the cloud via third party software providers, and the Broker discloses that while all care will be taken to prevent misuse of data, security may be compromised.

The Purchaser and/or Vendor also acknowledge that the Broker’s website may also use cookies, which the Purchaser and/or Vendor can disable through their own personal internet preferences. Any featured external links do not constitute the Broker’s endorsement of those websites or companies and the Purchaser and/or Vendor accept they will be subject to the external websites polices and practices, and the Broker has no liability for any misuse of personal information of data.

  1. Warranty

The Broker makes no warranty of any kind, either expressed or implied with respect to any products bought from the Broker or any services provided by the Broker. The Purchaser and/or Vendor agree that using the Broker’s services or purchasing the goods sold will not result in any particular level of success or satisfaction. The Purchaser and/or Vendor accepts this by using the Broker’s services.

  1. Condition and Suitability of Goods

The purchaser hereby acknowledges that he is not relying upon any warranty, undertaking or stipulation of any description whether given by the Broker or otherwise in respect of the goods, their suitability for any purpose or financial return other than such warranties, undertakings and stipulations as are expressly set out.

The Broker does not warrant that the subject goods are suitable for any particular purpose and the purchaser acknowledges that prior to the purchase he has carried out such inspection of the relevant goods as he may require and that the said goods are being purchased by him subject to any faults, defects or lack of repair (whether latent or patent) that may be found to exist after the date hereof.  No objection, requisition or claim for compensation shall be made by the purchaser, in respect of any such faults, defects or lack of repair.

The Purchaser acknowledges that it is purchasing the goods as a result of its own inspections and inquiries and in the condition and state of repair and cannot make a claim, objection or requisition or rescind or terminate or seek to delay completion in respect of:

  • The condition or state of repair
  • Any latent or patent defect in the property;
  1. Appraisal

At the time of appraisal by the Broker a professional judgement will be made upon each individual bicycle based on the information disclosed by the Vendor. At the time of appraisal, the state of repair of all bicycles valued will be recorded and set out in the advertisement. The pricing of the bicycle will be priced on the condition the Broker appraised it in. Any defects noted in the appraisal will be included in the advertisement.

  1. Valuations

The Broker will appraise the goods they plan to advertise on their website and/or various social media platforms. The appraisals of such goods are entirely formulated by the Broker’s opinion, through their vast knowledge of the product. The state of the goods and the correlating price are subject to negotiation between the Broker and the Vendor and Purchaser.

  1. Dispute Resolution

The Vendor and Purchaser will hold and keep indemnified the Broker against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the Broker in the course of or arising out of the proper performance or exercise of any of the powers, duties or authorities of the Broker under this agreement.

  1. Brokering Services

The Purchaser and/or Vendor understand that the Broker is acting in its capacity as a broker between the Purchaser and Vendor, and is not deemed to be the seller of goods in any capacity, nor will it have possession of the goods in any manner. In this capacity, the Vendor and Purchaser agree that their personal information including name, phone number and email address can be disclosed by the Broker to the other party, being the respective Vendor or Purchaser to enable them to communicate between themselves to arrange the sale of goods.

  1. Liability

To the extent permitted by law, neither the Broker nor any of its related bodies, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, death, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event, which is beyond our control or which is not preventable by reasonable diligence on our part. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law. This liability clause is subject to your rights under the Australian Law and nothing in these terms and conditions is intended to limit any rights you may have under this.

  1. Governing Law

If any dispute arises between the Purchaser and/or Vendor and the Broker, the laws of Australia will apply. All parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia and waives any right it may have to object to an action being brought in those courts.

  1. Acknowledgement

The Purchaser and/or Vendor confirm that they are 18 years of age or older and the Purchaser and/or Vendor understands and agrees with the above Terms and Conditions and the Broker’s Privacy Policy set out above.