OmarasOnline.com.au - Online Auction and Bargains

OMARASONLINE.COM.AU TERMS & CONDITIONS

No servant or agent of O’Maras is authorised to waive, add to or vary these terms and conditions without written authority of the Company Secretary or The Managing Director.

The Purchaser agrees that in the case of any disputes or technical difficulties with an auction, O’Maras may in his/her absolute discretion cancel any bids, revoke any sales and immediately put the lot or lots purchased up again for re-auction.

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Online Auctions

· Online auctions are auctions held on the Internet

· A ‘lot’, containing one product or a group of products, is offered for auction at a starting price.

· To win, you need to outbid other buyers by offering more money for one or more of the listed items in the ‘lot’.

· Reserve prices may apply.

· Subject to meeting any reserve price if there are no higher bids than yours in the 5 minutes prior to the posted closing of the auction, the products will go to you. Otherwise the bidding will be extended under the “Going, Going, Gone” feature until there has not been any bid for 5 minutes, at which stage if you are the highest bidder(s) you win the lot at the price bid (subject to meeting any reserve price, if any).

· The purchaser recognises that there may be software installed on computer equipment and that use of such software, without license may infringe the rights of the software owner. Prospective purchasers should consider terms & conditions contained in licensing agreements before purchase. The purchaser expressly undertakes to be bound by the terms & conditions of the license for any software which may be installed on computer equipment purchased at auction. Purchasers indemnify the vendor and O’Maras against any legal action or claim by the software owner.

Which Bid(s) Win

· The winning bid(s) are determined in the following order:

1. Meeting a reserve price (if any);

2. Bid price;

3. Bid quantity;

4. Bid time.

· How This Works:

1. Bids over a reserve price (if any) for the highest price for an item in the lot wins.

2. Bids over a reserve price (if any) for the Same Price: if two or more bids are for the same price, the first bidder of items in the lot takes precedence.

3. Bids over a reserve price (if any) for the Same Price and the Same Quantity: if two or more bids are for the same price and the same quantity the bidder that placed the bid first on that lot takes precedence.

4. Please note: These rules do not apply to Maxbids.

· Example of Online Auction:

1. Four TVs are offered at an online auction

2. At first there are two bids: BIDDER A places the first bid at $200 for three TV's and BIDDER B places the second bid at $200 for one TV.

3. A new bidder - BIDDER C then places the third bid at $220 for one TV. BIDDER C becomes the highest successful bidder, leaving three TV's to allocate to lower priced bidders.

4. BIDDER A at $200 for three TV's will be successful (because Bidder A had the earliest initial bid). Bidder B will be unsuccessful.

5. If both BIDDER A and BIDDER B had bid for two TVs each, then the bidder with the earliest initial bid would be successful.

6. So in a tied situation (on price and quantity) the earlier bid wins. Getting your bid in early can be vital!

Minimum Bid Price

· The minimum bid price is under the bid field. It is set to the lowest price at which bidding may commence. Each bid must be at least one bid increment in advance of the previous one

· A minimum bid price is different from a reserve price.

· Auctions with a minimum bid price may still be subject to a reserve price.

If you are bidding on a quantity greater than 1 item, (sometimes there is a minimum quantity you must bid on), your bid amount is the amount you are willing to pay PER ITEM. EG, if you bid $5 on a quantity of 12, you pay $5 per item, making the bid $60 (+ any Buyer’s Premium, delivery fee or other fees and charges).

· Enter the maximum price you are willing to pay for each of the items you are bidding on. Your bid will be notified as successful unless you have entered a bid lower then the current price required to win or an incorrect quantity. If another bidder places a bid before you, you may also be unsuccessful - even at the listed price.

Closing Times for Online Auctions & Important Exception

· Auctions usually end at the time specified with the following important exception.

· Important Exception: if there are any bids placed on a particular lot/item within 5 minutes prior to the specified closing time of the online auction (the "Going, Going, Gone" period), the auction will continue to be extended until there are no more bids within the "Going, Going, Gone" period.

· Remember - keep clicking your refresh icon so that you are looking at the most current status of the screen .

· There is no limit to the number of times an online auction can be extended so that an online auction can mirror the excitement of a live auction. If there is continuing interest in the item, the bidding continues. As an auction nears the posted closing time it is a good idea to watch the proceedings and check back often to see how things are progressing.

· On the close of the auction:

(a) each lot shall be at the Purchaser's risk and expense; and

(b) except as detailed elsewhere in the contract, each lot must be paid for by the Purchaser’s credit card immediately on completion of the sale, and prior to delivery. If delivery is made or possession is obtained by the Purchaser or his/her representative prior to the payment of the purchase money, then the property of the lot does not pass to the Purchaser until payment in full of the purchase money or the clearing of any payments given on account of same.

(d) The Purchaser is required to effect all/any insurances at his/her expense unless stated otherwise in the auction description.

· BIDS

1. All bids are on a PER ITEM basis.

2. Bid amounts may only be increased by multiples of the bid increment (the amount specified by which a bid at that particular auction may be increased).

3. If you already hold a successful bid on the auction, you are not able to lower your price or alter your quantity with a new bid.

4. If you want to alter your quantity, you must wait until another bidder outbids your Bid Price (this may not happen), so that your bid is no longer on the successful list.

5. No party is allowed to retract his or her bid after making it.

· WINNING BIDS – LESSER QUANTITY THAN BID FOR

· Winning bids at online auctions, even Reserve prices may apply.

6. Subject to meeting any reserve price if there are no higher bids than yours in the 5 minutes prior to the posted closing of the auction, the products will go to you. Otherwise the bidding will be extended under the “Going, Going, Gone” feature until there has not been any bid for 5 minutes, at which stage if you are the highest bidder(s) you win the lot at the price bid (subject to meeting any reserve price, if any) for a partial quantity of the total amount of units on which you originally bid. For instance, you bid on 6 units and are outbid on 2 units, O’Maras will allocate to you the 4 units for which your bid was successful.

· DIFFERENT AUCTIONS – SAME OR SIMILAR ITEMS, DIFFERING TERMS

7. The same or similar items may be offered in different auction(s).

8. Each auction is a separate auction. The way an auction is conducted including such matters as:

(a) minimum bids,

(b) warranties,

(d) Buyer’s Premium

may change for each auction.

· SAME OR SIMILAR ITEMS - DIFFERENT LOTS/AUCTIONS – SEPARATE BIDS REQUIRED

9. No bid is "carried over" to later auctions.

10. If you see a similar item on sale in another auction after an auction has closed you will need to place a separate bid for each item in each auction.

11. If two of the same items are offered as separate lots in the same auction, you will need to place separate bids for each item if you wish to bid for each of them.

AUCTION CLOSURE – EARLY OR EXTENDED

12. O’Maras has the right to:

(a) close an online auction before the advertised closing time, or

(b) continue an online auction beyond the posted closing time.

This may be done at O’Maras discretion and without any prior notice.

O’Maras is not liable for any loss or compensation whether consequential or otherwise due to items being withdrawn from sale or auctions extended.

ITEMS IN AUCTION SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE

13. O’Maras reserves the right, without limitation on its other rights in the Bidder’s Agreement, to:

(d) remove from the auction, or re-offer for sale, items that are disputed or fail to attract bids at or above the posted minimum bid or any reserve price.

(e) O’Maras may accept or refuse any bid or bids without having to state his/her reasons.

INTERNET AND O’MARAS SYSTEM AVAILABILITY

14. O’Maras will make every effort to ensure that its system is accessible before during and after auctions. If there are technical difficulties with your internet service or computer, O’Maras internet connection, O’Maras own computer systems or otherwise, O’Maras will not take responsibility for such problems nor for bids that are not accepted or processed as a result of these problems.

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How to Register - Online Auctions

· To participate in our auctions you have to register with O’Maras online.

· To stay informed about upcoming auctions of products that you might be interested in, please provide your email address and some details from the product categories you are interested in or exact details of the items you want.

INFORMATION NEEDED FOR REGISTRATION

· your name and various contact and other information,

· your daytime delivery address,

· your DAYTIME address where you would like your items delivered;

· your DAYTIME phone number (if our courier needs to contact you);

· your email address;

· a unique login and password that you choose;

· credit card details (Visa or Mastercard);

· Your credit card CCV, this appears on the rear of your credit card within the signature area and is the 2^nd set of the 2 sets of numbers (3 digits).

SECURITY

· All personal information is protected using SSL encrypted transmission between your Web browser and our Web server.

· A security notice will appear when you enter a secure page so you will know when transmitted data is safe(eg. a padlock for Microsoft Internet Explorer)

· O’Mara’s operates under a 1024 bit SSL Digital Server Certificate to ensure that Digital ID's are not forged or tampered with.

WHAT ARE YOU INTERESTED IN?

· Tell us which product categories you are interested in so that we can email when products in those categories are offered for auction online. Our aim is to provide you with exceptional service.

· We would also like to know how you access the Internet and how you heard about O’Maras.

AUCTION ALERTS – HOW TO GET THEM

· If you do not want to bid but would like to be notified about upcoming auctions:

1. tell us:

(a) which categories of products you are particularly interested in; or

(b) exact details of the items you want; and

2. provide us with your email address

and when these products become available for auction we will email you. This service is specifically designed to assist you to locate the items you want to buy at the price you want to pay.

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Bidding at an Online Auction

TO BID

1) You must be:

a) registered,

b) logged in, and

c) have credit card details (incl. CCV) registered & accepted.

to use the Make Bid button.

OVERVIEW OF HOW AN INTERNET AUCTION WORKS

2) O’Maras online auctions are auctions conducted over the Internet. A product, ‘lot’, containing one product or a group of products is offered for auction at a starting price. To participate in the auction, you attempt to outbid other buyers by offering more money for one or more of the listed items in the ‘lot’. If there are no new bids in the 5 minutes following the posted closing time of the auction, the products will go to the highest bidder(s) at the price they each bid subject to meeting any reserve price. All bidding happens online so you can keep track of the proceedings via the O’Maras website.

DO I GET A WARRANTY FOR THE ITEMS I BUY?

3) Except as otherwise provided by state or federal law, no condition or warranty is given or implied by O’Maras with any lot offered. As all lots have been available for inspection prior to commencement of sale, O’Maras assumes the Purchaser has inspected the goods and all goods sold with any faults. Except as otherwise provided by state or federal law, O’Maras will make no compensation in respect of fault or error of description of any lot sold.

Most, but not all, items offered at O’Maras online auctions are sold without warranty. However some may be supported by a manufacturer's, but if so this will be stated in each individual auction.

HOW DO I KNOW IF MY BID WAS SUCCESSFUL?

4) When you have placed a bid, you can go either to the Lot page (which shows the status of the item you have bid on and your bid) or check the status of your bid through the email address that you have registered with us. If you have been outbid, or you no longer hold the winning bid in an online auction, then the Lot page and an e-mail notice sent to your registered e-mail address will tell you that "you have been outbid". If you want to you can then increase your bid from the Lot Page.,

5) Emails may not be sent in real time so it is wise to check the Lot Page and refresh it regularly to check whether or not you are currently the highest bidder. .

6) After an online auction closes, an email of any items you successfully bid on is sent to you.

DELIVERY OF ITEMS BOUGHT AT AUCTION

7) In most cases, O’Maras will despatch your items to your registered delivery address. Information on the delivery arrangements is outlined in each Auction.

8) IMPORTANT POINTS FOR YOU TO REMEMBER FOR PROMPT EFFICIENT DELIVERY:

a) O’Mara’s couriers collect from our warehouse and deliver during normal business hours, Monday – Friday, excluding Public Holidays.

b) Delivery is to the address you have registered with O’Maras (which MUST NOT be a Post Office Box or similar).

c) The address MUST be a daytime delivery address with a person available to sign for the goods.

d) Your registered contact telephone number MUST be a daytime phone number.

e) Your items will not be left unless our courier receives a signature to confirm that the item has been delivered.

f) Photographic identification with proof of age is required for any person taking delivery of alcohol.

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Payment Information - Online Auctions

HOW DO I PAY – WHAT CREDIT CARDS ARE ACCEPTED

· O’Maras online auctions accepts Visa, Mastercard and Bankcard for amounts up to but not exceeding AUD$5,000.00.

· If the amount payable by you exceeds AUD$5,000.00 then you must pay by:

1. direct deposit (via the internet or telegraphic transfer),

2. bank cheques; or

3. a method by which immediately cleared funds are deposited into a bank account nominated by us, within 2 working days of the online auction closing.

WHAT CURRENCY IS DISPLAYED IN RELATION TO AUCTION ITEMS

· All prices are in Australian dollars, unless otherwise specified.

O’MARAS AUTHORISED TO CHARGE MY CREDIT CARD

· When you place a bid on O’Maras Online Auctions you authorise O’Maras to charge to your credit card for all items under the following heading “WHAT THE SUCCESSFUL BIDDER PAYS”.

WHAT THE SUCCESSFUL BIDDER PAYS

· the successful bidder of an online auction pays:

1. The amount of the Winning Bid(s);

2. The Buyers Premium; and

3. Any other fees and charges specified in the Auction Overview including but not limited to tax, delivery and insurance charges due to us, in the manner specified above “HOW DO I PAY”.

4. Where applicable, the Purchaser must pay Goods & Services Tax (GST). The listing will state whether the sale/or particular lots are sold GST inclusive, GST exclusive or GST free.

NOTE:

(a) If any Purchaser fails to comply with any of these conditions or if any payment given on account of his/her purchase is dishonoured, any moneys which the Purchaser has paid to O’Maras on account of his/her purchase or purchases is absolutely forfeited to the Vendor. In this event, the Vendor and/or O’Maras are at liberty to sue the Purchaser for damages, or at their option to resell the lot in any manner and upon such terms and conditions as they think proper.

(b) All losses and expenses incurred by the Vendor and/or O’Maras resulting from any resale pursuant to clause (a) above and all damages which the Vendor and/or O’Maras may sustain are recoverable from the Purchaser as liquidated damages. The Vendor and/or O’Maras are not obliged to give any notice of a resale.

- The amount of any commission and buyer's premium lost on a purchase as a result of the purchaser not proceeding with the purchase

- The cost of advertising in respect of any such purchase

- Any other costs incurred in such resale.

(d) Any statement as to the quantity is approximate only and is as represented to O’Maras. O’Maras gives no warranty that the quantities as stated are correct. In addition to any other rights the Purchaser may have compensation for shortages in quantity shall be given if demanded in writing before delivery of the goods. If any dispute as to compensation arises, the dispute shall be settled by an arbitrator who shall be somebody mutually agreed upon by both parties.

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Members Area - Online Auctions – Updating and Your History

· To enter the Members Area section you must type in your login and password information.

· In this section you will find a link to your “My Account” on the left hand side of the page.

ONLINE REGISTRATION DETAILS

Your profile details can be managed via the “Personal Information” section.

1. Edit ”Personal Information” – personal details including email address, user name, password, name, phone contact details, date of birth, pick up or delivery preference, billing and delivery address(es), telephone number(s), can be managed in this section.

2. Credit Card Information – your preferred credit card details can be managed in this section.

YOUR ONLINE BIDDING HISTORY

The Members Area section contains information about your online bidding history.

· This page contains details of your bidding history at O’Maras.

· It can include both open (Current Bids) and successful (Won Items) online auctions.

· This screen is designed to make it easy for you to review information about the items on which you have placed bids.

· The following details are included

1. Current Bids

2. Won Items

3. Invoices Received

4. Watched Items

Information relating to archived auctions and watched items can be edited by users. Once an item has been deleted from these lists it cannot be recovered.

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Online Auctions Delivery Information

ITEMS WE HAVE DELIVERED AND ITEMS YOU HAVE TO ARRANGE DELIVERY OF

· Delivery of most items offered on O’Maras online auctions is undertaken by us unless otherwise stated

· To find out whose responsibility delivery is see each online auction Lot Description. These will specify whether we will arrange delivery of the items for that auction, or whether the items need to be personally collected.

· A photo ID will be required for collection.

· When purchaser must arrage delivery, all lost purchased must be removed within Seven (7) days of the completion of the sale or as specified in the auction description at the time of sale.

· To prevent inaccuracy in delivery and inconvenience in the settlement of purchases, the Purchaser may not remove any lot during the sale.

HOW DO I KNOW THE DATE AND TIME FOR DELIVERY?

· Delivery Date: Deliverable items will usually be dispatched within 2 working days from the time of full payment. O’Maras endeavors to ensure that item do leave in this time frame, however delays may occur. In the case of a delay O’Maras will not held liable for any loss suffered by the buyer. Total delivery times will vary depending on your location.

· Pickup Times (O’Maras Warehouse): Monday – Friday (excluding Public Holidays) between 9.00am and 4.00pm unless otherwise stated or arranged

· Pickup Times (Other Sites): If an item is not held on our premises the auction will state when and where it can be collected.

DELIVERY – IMPORTANT THINGS FOR YOU AND US TO KNOW

· There MUST be someone at your specified delivery address in during working weekdays to:

1. receive the goods; and

2. sign to acknowledge receipt of the items.

3. provide proof of age if required

· You can change your delivery address at any time by going to “Personal Details” under the Members Area.

· BUT NOTE that any changes made to your delivery address will NOT apply to online auctions that have already closed.

· You MUST ensure that your delivery details are correct before the conclusion of each online auction.

· If you request the courier company to deliver your items to another address or to your address (without signature for delivery) at your address then you release O’Maras, and its servants and agents, from all losses and damages occasioned directly or indirectly thereby.

· The Purchaser is deemed to have waived or abandoned any claim under these conditions unless the claim is made at or before the time the goods leave the premises.

· All members of the public, including Purchasers, enter these premises entirely at their own risk. Purchasers and members of the public are warned that dangerous machinery, chemicals or other dangerous items and features may be on these premises. Everyone entering these premises should be careful.

· Purchasers of any lot indemnify O’Maras, the Vendor and the Owner of the premises against any damage whatsoever caused by the purchaser or his/her servants during removal of goods.

DELIVERY COSTS

· The delivery fee for each item auctioned online is displayed on the Lot page once you are Logged In.

· The delivery charge is determined by the delivery suburb (by post code) and the approximate size and weight of the item.

· Delivery fees are quoted on a PER ITEM basis. If you successfully bid on two or more items in a Lot, the delivery fee (calculated by the size, weight and delivery suburb) will apply to each item, we will endeavour to combine items purchased on the same day into minimum number of packages however some shapes can not be joined together e.g. “a golf club and a tennis racquet”. Please refer to each auction description for this information.

ADDITIONAL CHARGES DUE TO UNSUCCESSFUL DELIVERY

· The delivery charges include one delivery attempt by our nominated courier. If our courier is unable to successfully deliver the items on the first attempt, an additional fees will be payable by the purchaser. The additional fee will be charged to the purchaser’s credit card account by O’Maras and you hereby authorise us to make this charge to your credit card.

BULKY GOODS

· Mostly these goods will state in the auction description that they are PICK UP ONLY

· If a delivery price is stated, the cost of delivery of bulky goods (e.g. stoves, refrigerators, large televisions, furniture etc.) is based on ground floor/front door delivery. If this is not the case additional charges may apply at our discretion or the discretion of the courier.

DO YOU HAVE ANY QUESTIONS ABOUT DELIVERY?

· Delivery details are in each auction description where applicable. If you have any questions and would like to contact us, please send an e-mail. Please include your Login, Auction ID and the Lot number of the auction to ensure the best possible response to your enquiry.

· We can also provide you with complete package of services as a vendor including Online Auctions, Onsite Auctions, Valuations, Asset Reconciliations, Asset Sales, Stock Takes, Removal & Storage or Repossession Agents.

These Terms of Service shall be governed by and constructed in accordance with the laws of New South Wales, Australia and any disputes will be decided only by the Courts of Australia, NSW.

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Privacy & Security Policy

· O'Maras understands the importance of maintaining your privacy and safeguarding your personal information.

· Your personal information is collected in order to:

(a) conduct business via our online auctions; or

(b) provide additional information to you via our email facility, Auction Alert (coming soon). You can choose whether or not to receive this additional information from us by contacting us via email or by clicking on the unsubscribe link at the bottom of each email.

· O'Maras goal is to comply at all times with the New South Wales Privacy and Personal Information Protection Act 1998 (PPIP Act), and the Federal Privacy Act 1988

· We will only collect, use and disclose your personal information as allowed by these acts

· We will act in accordance with industry privacy codes as and when they are developed.

· Changes to our Online Auctions Privacy Policy relating to Privacy & Security will take effect from when they appear on this site.

O'MARAS ONLINE AUCTION PRIVACY POLICY

· Your Personal Information – What We Need and Why

1. Why do we need it?
2. How we get it?
3. How is it protected?
4. What is collected?
5. Where and how is it used?
6. Will it be disclosed to anyone outside O’Maras?
7. Can I change my personal information?

· Changes to our Online Auction Privacy Policy

· How to contact O'Maras

· IMPORTANT NOTE: By registering with O'Maras Online Auctions, you consent to our using and disclosing your personal information as provided for in this Privacy Policy.

1. Your Personal Information - Why do we need it?

· To:

(a) conduct business on our online auctions; or

(b) provide our Auction Alert to you.

· Anyone can view our Online auctions without registering, but you MUST register to participate.

2. Your Personal Information - How we get it?

· Information you provide to us (by completing electronic forms):

(a) Online Auction Registration Form. This has to be completed before bidding at an online auction.

(b) Edit “Personal Information” under the “Members Area” - where you can update your personal information (delivery address details, contact numbers etc).

(c) Auction Alert email alert (coming soon) - you about auctions, product categories or specific items which you may be interested in.

· Information collected when you bid (at an online auction) includes:

(a) what you are bidding for; and

(b) the amount you bid.

· Information automatically collected about how you use our website. For more details see below in section 4.

3. Your Personal Information - How is it protected?

· All personal information is protected with SSL encrypted transmission between your Web browser and our Web server.

· How do I know if my link with your site is secure? You will have to check with your Web browser documentation, but most display a Padlock Icon somewhere within the browser

· O'Maras has a Digital Server Certificate. This prevents Digital ID's from being forged or tampered with.

· Another way to tell if you have a secure web page is to check the address at the top of the browser screen. A normal web page usually has the address “http://www” etc. A secure web page’s address is "https://www"

· Our computerised information is stored in secured facilities and access is restricted to authorised personnel.

· Please note: Ensure that your login and password are not disclosed to anyone else. It is a good idea to save your username and password in writing or electronically in a safe place.

4. Your Personal Information - What is collected?

· To be able to bid at an auction you have to give us the following information:

(a) your name and various contact and other information (age, gender etc);

(b) your credit card billing address:

(d) your DAYTIME phone number (if our courier needs to contact you);

(e) your email address;

(f) a login and password that you choose;

(g) credit card details (Visa, Mastercard and Bankcard).

· Other information collected includes:

(a) the successful and unsuccessful bids you make on our online auctions;

(b) your preferences;

(d) are you buying for your personal or business use;

(e) copies of correspondence (electronic or on paper) you have sent to us

· Information automatically collected by our server:

(a) how you use our website;

(b) how you navigate our website;

(d) browser type;

(e) the use of cookies;

(f) the URL you come from and go to;

(g) links to any other sites you click on;

(h) the pages you view on our site;

(i) time spent on our site;

(j) time spent on each page of our site;

(k) your domain type;

(l) your service provider.

· The information automatically collected by our server helps us improve the accessibility and functionality of our website so we can improve our service to you, develop online content that you want and make the site easier for you to use.

5. Your Personal Information - Where and how is it used?

· To enable us to accept and process your bids – up to delivery (if you win the bid).

· To identify the services you want and to provide them in the easiest most effective way.

· To e-mail you about future auctions or particular items that you have told us that you are interested in – Auction Alert email alert. You can opt out of receiving this Alert by following the unsubscribe link at the bottom of any unwanted emails.

· Information about how you navigate our website is not kept separately but may be pooled with information about the habits of all of our users. They monitor overall use of the site so that we can provide the services you want and to improve the way you move around out site.

6. Your Personal Information - Will it be disclosed to anyone outside O’Maras?

· Your personal information is not sold to anyone.

· It is only disclosed to couriers for delivery of items you have purchased and other such purposes where the information has to be made available for us to carry on our business. Its disclosure is in accordance with the State and Federal privacy acts.

· During bidding in an online auction, your personal ID is shown to allow actual and prospective bidders to follow the bidding on specific items.

· We use cookies when you log-in to our website – on the browser file on the hard drive of your computer.

· Cookies cannot identify individual users and do not collect or track any personal information.

· Cookies are used to:

(a) keep track of your bidding,

(b) help us compile general information about visitor activity on our website,

(d) enhance functionality of our site.

· Companies that advertise on our site may use cookies in their advertisements.

· Cookies received with banner ads are collected by our advertising agency, not us. O'Maras does not have access to, or any control over, this information.

· You may choose not to accept cookies on your browser. Choosing not to however may affect your ability to use our website.

· Our website contains links to other websites over which we have no control.

· If you go to any of these sites remember that you will need to check their Privacy Policies.

· We will not be responsible for the consequences of you linking to another site from our website.

· By using our website you authorise us to disclose your personal information to appropriate governmental authorities if we know or suspect that you have engaged in any illegal activity in relation to our website.

7. Your Personal Information - Can I change my personal information?

· Yes. Go to the Personal Information page under the Members Area.

· Other information you can change:

(a) To see any information we hold about you (so we can correct it if it is wrong) either contact us through our website by phone on +61 2 9555 7000.

(b) your purchase preferences. This is important so that we can notify you of whatever you are currently interested in.

· Make sure that when you submit online bids that your Profile is correct and up to date.

· If you want your personal information destroyed or deleted from our site we will do so but subject to our own legal obligations. For example we have to keep information for taxation purposes and the Corporations Act for varying numbers of years. We also may need to keep information to deal with any issues that arise at any time in relation to any auction.

Changes to our Online Auction Privacy Policy

· This is an area that is constantly subject to change – particularly legislative change. We aim to keep our Privacy Policy up to date with all changes. Because of this it will be changed as soon as we see a need. You should always check the Privacy Policy in case there are any changes that have been made since you last visited our website.

· Our goal is to always comply with the National Privacy Principles outlined in the National Scheme for Fair Information Practices in the Private Sector.

· Your personal information will be collected and used in accordance with the National Privacy Principles.

· We will also act in accordance with industry privacy codes if and when they are introduced.

· Our Online Auctions Privacy Policy will be subject to change without notification and will be effective from the time they are posted to our website.

Contact O'Maras

· Any questions on our Privacy Policy or you want more information about our handling of personal information, please contact:

O'Maras Valuers & Auctioneers
112 Lilyfield Road
Lilyfield NSW 2040

Ph: +61 2 9555 7000
Fax: +61 2 9555 5044
email: online@omaras.com.au

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Returns Policy

DELIVERY OR PICKUP?

· Please note: O'Maras Returns Policy varies depending on the type of online auction.

· The terms for "Delivery Online Auctions" vary significantly from those relating to "Pickup Online Auctions".

· You should ensure you read and understand both before bidding at an online auction.

· Note that Special Conditions apply to all wine sales – both Online Auctions and Pickup Auctions.

DELIVERY ONLINE AUCTIONS

· What is a “Delivery Online Auction”? On the Auction Overview and/or Lot Description O'Maras agrees to deliver the item(s) purchased to the purchaser's nominated delivery address.

· TO RETURN GOODS EACH OF THE FOLLOWING CONDITIONS MUST BE SATISFIED:

1. ONLY Goods That Can be Returned: Item(s) sold in a Delivery Online Auction can ONLY be returned where the goods are not subject to Manufacturer or Supplier warranty AND:

(a) are not as described; or

(b) have been damaged while in transit; or

2. Time for Returns:

(a) Goods MUST be returned to O'Maras within 5 days from date of delivery to the purchaser.

(b) Our returns policy prohibits return of items for any reason after this returns period has elapsed.

3. No Returns Where Warranty:

(a) You must contact the manufacturer or Supplier, and NOT O’Maras, if the Products you won have a manufacturer's or distributor's warranty to have the Products repaired or replaced if damaged or faulty.

(b) O'Maras does not offer returns/refunds for product(s) sold with a manufacturer's or distributor's warranty.

RETURNS PROCEDURE – DELIVERY ONLINE AUCTIONS

· IF YOU QUALIFY to return Online Auction Products to us (see Parts 1 to 3. above) then:

1. Email our customer service centre with all details of your purchase and the reason why you want to return the item. Tip: Sending a reply to the Winner's email you received from us for the lot you wish to return, including the reason for the return, is an easy way to advise us.

2. We will send to you via email our Returns Advice Form which must be completed included with the returned item.

3. You must advise us when the item is ready for collection and this must occur within 5 days from us sending you our Returns Advice Form.

4. We will arrange for the item to be collected from you.

5. IF:

(a) we have not heard from you within 5 days of sending you the Returns Advice Form to you; or

(b) have not received the item back from you within this time

you will be deemed to have waived your right to return the item and will then have no right to return the item to O'Maras, or to claim a refund.

6. On Return of the Goods:

(a) We will conduct an evaluation to determine the item’s condition within 10 days of its return to us.

(b) If the item is found to be in good working order and/or your claim is found to be invalid, the item will be returned to you;

(d) By returning an item to us you authorise O'Maras to charge your credit card for any expenses incurred by us in re-delivering the goods to you in the event that your claim is deemed by us to be invalid.

7. If we determine that the item:

(a) Is not as described; or

(b) was damaged while in transit; or

we will either refund the credit card you used to make the original purchase, or issue you with a cheque for the invoice price of the item. Refunds will be made within 21 days of our determination of a valid claim.

8. To be eligible for a refund all items must be returned in their original packaging and include everything that accompanied the item including all accessories, product manuals etc.

PICK-UP ONLINE AUCTIONS

· For goods purchased at a Pick-Up Online Auction you are responsible for:

(a) Decommissioning and/or;

(b) Packaging; and/or

· O'Maras do not offer delivery services for these auctions.

· The Auction Overview and/or Lot Description will state "This Auction is Pick-up Only".

· IMPORTANT:

YOU MAY NOT RETURN GOODS

(a) Where inspection of the goods is available at the time of pick-up OR

(b) The opportunity to inspect the goods is freely available at the time of collection (which we highly recommended)OR

SPECIAL CONDITIONS APPLICABLE TO ONLINE AUCTIONS AND PICKUP ONLINE AUCTIONS

· Wine and Alcohol Generally

(a) It is not always possible for O'Maras to determine the provenance of wine and alcohol products or to establish how the goods have been cellared prior to their consignment to us.

(b) Bottles are described as accurately as possible

i. ullage,

ii. condition of corks,

iii. capsules; and

iv. labels

which can be a general consequence of age and cellaring of wine over time.

(d) Because of these types of factors, which are not investigated by us, all wine and alcohol is purchased on an "as is, where is" basis and buyers.

(e) O'Maras will not accept claims for returns/refunds for spoilage, "corked" wine or any other variations in taste or colour that may be encountered.

CONTACTING US ABOUT RETURNS

· email online@omaras.com.au to request a Return Advice Form from our Customer Service team.

· To ensure prompt service please include the following information in your email:

(a) Full customer name

(b) Login

(d) Item number (Lot) and description

(e) Reason for return

(f) Daytime telephone number (please include area code

· Alternatively, reply to the Winner's email you received from us for the lot you wish to return, including the information about the reason for the return.

OCCUPATIONAL HEALTH AND SAFETY

· The Occupational Safety and Heath Act (1984) states that any employers must provide a safe working environment which includes maintaining the plant & equipment eliminating all hazards. If a buyer will be using any equipment purchase at auction in a workplace they are obligated to inform themselves of any hazards and address them prior to use. It is the buyers responsibility to ensure items are only be used by people trained there operation.

· Unless otherwise stated, O’Maras has not had the equipment assessed or inspected by a capable party and may have faults or defects they deem it unsafe for use. The buyer must be aware that unless stated otherwise all plant and equipment are sold as scrap only and are not to be put into service.

· The Occupational Safety and Heath Act (1984) states that owners of any plant or equipment must maintain their own health and safety records. O’Maras will pass on any information or records regarding the plant and equipment that is made available by the vendor. It is the responsibility of the buyer to buyer to ensure they are familiar with these records or information and determine whether they are complete and accurate.

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