RUSTY BITS TERMS, CONDITIONS & PRICING

The following terms, conditions and pricings are effective as of May 17th, 2018 PLEASE READ THESE TERMS OF USE ('AGREEMENT' OR 'TERMS AND CONDITIONS') CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY RUSTYBITS.COM.AU ('Rusty Bits'). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.RUSTYBITS.COM.AU AND ALL SERVICES PROVIDED BY RUSTY BITS ON THE SITE.

GENERAL TERMS, CONDITIONS & PRICING

• A minimum of 20 listed items is required to qualify to open a 'Stall' or 'Garage Sale'.
• All items for sale must be described adequately and honestly and list any defects or missing components to avoid possible returns.
• A minimum of 1 photo of the listed item must be uploaded. Up to 4 photos can be uploaded free of charge and additional (over 4) photos can be added at an extra cost per photo. A maximum of an extra 6 extra photos is possible (total being 10 photos).

EXTRAS

• 'Upgrade' enables you to choose a page background and title font to make your stall stand out from the rest.
• 'Listing promotion' includes bold title and hi-lighted listing to make your items more noticeable.
• Items can be listed in multiple categories and sub categories simultaneously.
• The seller is responsible for all possible returns and refunds with no responsibility or cost whatsoever to Rusty Bits.
• Although we can deal in motor vehicle parts and accessories, we are not yet a licensed car dealer, therefore, complete or near complete vehicle sales are prohibited on rustybits.com.au until further notice.
  For more information on licensed car sales please see 'Authorised Version No. 081, Motor Car Traders Act 1986, No. 104 of 1986, Authorised Version incorporating amendments as at 1 November 2017'.
• The sale of illegal, stolen or offensive material is strictly prohibited and may lead to the closure of your account and possible prosecution by a law enforcement agency. The seller must have authority to sell all items they list on rustybits.com.au
• Items listed on rustybits.com.au are not to be advertised elsewhere simultaneously.
• Website uptime is dependent on our website hosting provider as well as other factors/situations beyond our control.
• Delivery/postage & handling times and costs are at the discretion and responsibility of the seller and/or any third parties which are engaged by the seller or buyer for the purpose of delivery.
  Rustybits.com.au do not guarantee delivery or delivery timeframes.
  Individual sellers are solely responsible for the availability and delivery of goods sold. We do however recommend that the buyer take out delivery insurance on items to be posted or delivered via courier.
• If an item arrives damaged, faulty or does not match the listing description, you are obliged to give the buyer a full refund and to pay the postage/delivery cost to return the item. You must respond to their request within 3 business days.
  Again, please be honest and thorough in your description.
• Terms and pricing may be subject to change without notice.
• Failure to pay stall rental fees by their due date may result in the suspension and possible closure of your stall.
• A breach of rustybits.com.au 'Terms & Conditions' (link) may lead to revocation of your website membership and possible blacklisting.

STALLS

(Applies to Rusty Bits Restoration & Rusty's Antique Emporium)

• Unlimited stall uptime.
• Stall rental must be paid in full one month in advance by the 28th of each month. Your first payment will only include the balance of the current monthly payment i.e. if you open your stall on the 16th day of a month, your first payment will be for the period from 16th to the end of that month.
• Costs of listing promotions and extra photo uploads are to be paid at the time of the advertisement creation.
• Total monthly sales will be deposited into the nominated bank account within the first week of each month minus advertising fee & expenses.

STALL PRICES

Basic - 25 to 100 items $24.00 / month
Upsized - up to 600 $38.00 / month
Supersize - up to 1200 $52.00 / month
Huge - up to 3000 $180.00 / month
Colossal - 3001+ items $220.00 / month
Listing promotion - $1.50 per item
Upgrade - $6 / month
Additional photos - $0.40 per photo
* $0.30 transaction fee (per transaction - Bank charges) + 3.5% of total sales amount (excluding postage) for a contracted advertising period. Fees outlined in this paragraph are only payable when sales have been processed and are non-refundable.

RUSTY BITS 'RESTORATION'

• This area is for antique or vintage items to be restored as well as parts, products or materials to be used in restoration projects.
• Reproduced and new items (e.g. Reproduction cabinet handles or new upholstery material) must be labelled as so in either or both of the listing's title and description. The selected 'condition' in the 'add items' section must also state either new or reproduction.
• Second hand items listed in this section are generally at least 30 years old.

GARAGE SALES

• Only one garage sale can be operating at a time.
• Your choice of the 'Weekender' (Saturday 7:00am to Sunday 11pm) or 'Extended' (Saturday 7:00am to Friday 11:00pm)
• Items can be added anytime during the 5 weekdays leading up to your scheduled garage sale. Your setup period depends on the day of the week you decide to create your garage sale. You may save your setup session to return to at any time up to the sale day and access it via 'My Rusty Bits'.
  Setup sessions will automatically go public at 7am Saturday unless the minimum requirements are not met, in which case the saved session expires on the Saturday which could be very disappointing.
• Additional items can be added during a garage sale via 'My Rusty Bits' in the 'Current garage sales' section
• There is no age limit to items being sold in a garage sale but we advise that you specify any antiques (50 years or older) when setting up to enable them to be listed in 'Rusty's Antiques Emporium's' search results. Other items will only be listed within the 'Garage Sales' search results.
• Incomplete or non-working items can also be linked to 'Rusty Bits Restoration' during the stall setup process to be sold as parts for restoration projects. These items will be included in search results within the 'Rusty Bits Restoration' section.
• Total sales will be deposited into the nominated bank account within 3 business days after your garage sale minus advertising fee & expenses.

GARAGE SALE PRICES

'Weekender' - 2 Days $8
'Extended' - 1 Week $16
Listing promotion - $1.50 per item
Additional photos - $0.40 per photo
* $0.30 transaction fee (per transaction - Bank charges) + 3.5% of total transaction amount excluding postage. Fees outlined in this paragraph are only payable when a sale is processed and are non-refundable.

RUSTY'S ANTIQUE EMPORIUM

• Unlimited stall uptime
• All items for sale must be at least 50 YEARS OLD with the exception of reproductions.
• Reproduced items (e.g. Reproduction cabinet handles or lighting) must be labelled as so in either or both of the listing's title and description. The selected 'condition' in the 'add items' section must also be set to 'reproduction'.
• Incomplete or non-working items can also be linked to 'Rusty Bits Restoration' during the stall setup process to be sold as parts for restoration projects. These items will be included in search results within the 'Rusty Bits Restoration' section.
• Please try to include the following information in your description if known: Age of item (approximate will do), general condition including defects, maker, material (made from), country of origin and any other information to best describe and identify the item.

OTHER TERMS & CONDITIONS

By using Rusty Bits site in any manner, including but not limited to visiting or browsing Rusty Bits, you (the 'user' or 'YOU') agree to be bound by this agreement.

This agreement applies to all users of the site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services being provided on the site. As a condition of your use and membership to rustybits.com.au you agree that you will not:
1. Violate any laws;
2. Present false or misleading information;
3. Copy, modify, or distribute any other person's content without their personal consent;
4. Post any threatening, abusive, obscene, indecent or defamatory material;
5. Distribute spam, viruses, chain letters, pyramid schemes or any other technologies that may harm Rusty Bits or the interests or property of the users of Rusty Bits;
6. Use any automated means (e.g. robot spider, scrapers) to access Rusty Bits and collect content for any purpose without our written consent;
7. Infringe any third-party's rights, this includes but is not limited to content that infringes on intellectual property rights such as copyright and trademarks;
8. Harvest or otherwise collect information about our users, including contact details, eg. email addresses and phone numbers, without written consent;
9. Bypass measures designed to prevent or restrict access to Rusty Bits;
10. Attempt to purchase or sell items currently advertised on rustybits.com.au via other means or channels than this website unless payment is to be made via RustyBits.com.au;
11. Advertise a business or private enterprise on rustybits.com.au without written consent from Rusty Bits;
12. Sell or trade any goods/services or conduct any business that any authoritative body or reasonable person would deem unsafe, illegal or unethical to sell or supply to the general public.

Users of this site are solely responsible for ALL of the information that they submit to Rusty Bits and any consequences that may result from their post or information given. We reserve the right, at our discretion, to refuse or delete content that we believe to be inappropriate or in breach of the above listed terms. We also reserve the right, at our discretion, to restrict usage of the site either temporarily or permanently to any user we believe to be in breach of our terms, or to refuse a user's registration.

Rusty Bits does not pre-screen users or the content or information provided by users and therefore cannot ensure or guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered, or that a buyer or seller will complete a transaction or guarantee the true identity and age of a buyer or seller.

BANNED CONTENT

The following is a list of goods/services that are NOT TO BE made available for purchase on rustybits.com.au

1. Alcoholic beverages (excluding empty collectable containers)
2. Material that is considered by any reasonable person to be obscene, offensive, pornographic or harmful to minors
3. Selling or offering supplemental, medicinal or pharmaceutical products or services
4. Escort services that offer or indicate sexual services
5. Fireworks, explosives and other destructive devices or materials
6. Currently commissioned/in service government & transit badges or uniforms
7. Hazardous materials including but not limited to radioactive and toxic materials
8. Personal identification documents or licenses, personal financial records or personal Information of any kind
9. Drugs (illegal or otherwise), controlled substances, substances and items used to manufacture or administer controlled substances and drugs, & drug paraphernalia
10. Illegal items and services
11. Illegal telecommunication and electronics equipment including security access cards, password sniffers, radar scanners, traffic signal control devices or cable descrambler
12. Items issued to any police department or armed force that have not been disposed of in accordance with that country's demilitarization policies
13. Current or recently issued (within 10 years) lottery tickets, sweepstakes entries or any other current gambling related ephemera/product
14. Material that infringes copyright laws including but not limited to software, recordings (digital or analogue), artwork and any other goods or products which you are not authorized to sell
15. Human or animal trading (being whole or part thereof) and Human or animal by-product
16. Burglary related tools (e.g. lock picks)
17. New merchandise or services from network marketing companies, work-from-home, independent franchisees or distributors, or similar representatives
18. Any digital or physical form of: Personally identifiable or private information, mailing lists, internet protocol (IP), Instant Messenger (IM) or any other bulk contact lists or methods.

CONTENT COPYRIGHT

Rusty Bits contains content from us, you, and other users. Rusty Bits is protected by copyright laws and international treaties. All content displayed on or via www.rustybits.com.au is protected as a collective work and/or compilation, in accordance with copyrights laws & international conventions.
You agree not to copy, modify or distribute content from Rusty Bits without our expressed written consent. You may not decompile, reverse engineer or otherwise seek out any source code contained in Rusty Bits.
You agree not to reproduce, copy, sell, or exploit for any purposes any aspect of Rusty Bits (other than your own content). In providing us with content/information, you are representing that you have the irrevocable capacity to grant us a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to the content/information provided.

ABUSING RUSTY BITS

Without limiting other remedies, we may issue warnings, limit or terminate our services, remove hosted content and take technical and legal steps to deny access to the Rusty Bits website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Rusty Bits or not, we do not accept any liability for monitoring Rusty Bits or for unauthorized or unlawful content on Rusty Bits or use of Rusty Bits by users.

INFRINGEMENT

Do not post content that infringes the rights of third parties, this includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. Entitled parties, in particular, owners of copyright, trademark rights or other rights owned by third parties, can report any offer/s which many infringe on their rights and request that the offer/s be removed Please report any infringement of content to us via THIS link.

LIABILITY

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.
Although we will make reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties, express or implied, about the availability of our services.
We are not liable for any loss, whether of money (including profit), goodwill, reputation, or any special, indirect, or consequential damages arising from your use of Rusty Bits, even if we are advised or we could reasonably foresee the possibility of any such damage occurring.
Although Rusty Bits will advertise certain businesses/services within the site, we are not responsible for and cannot guarantee the service or goods provided by those businesses.

PERSONAL INFORMATION

By using Rusty Bits, you agree to the collection, transfer, storage and use of your personal information by Rusty Bits on servers located within Australia or USA, although we cannot and do not guarantee the security and/or reliability of these servers.
You also agree to us occasionally sending you marketing communications unless we receive a written request from you to stop. We may also use any of the content you have provided for marketing and/or advertising purposes relating to Rusty Bits.

NEARLY THERE

Please report problems, offensive content and policy breaches to us HERE.

Finally, keep supporting antique/second hand shops, markets and swap meets, and remember we are here to help you find the missing bits for your old stuff.
All done, thanks for reading?

Frequently Asked Questions

If you don't find the answer here please refer to our 'Terms, conditions & pricing' page.

Do I need to register to buy and sell on Rusty Bits?
Yes, you must register before selling or buying listed items.

How do I advertise an item to sell?
To sell items on www.RustyBits.com.au ('Rusty Bits') you must click the link 'Sell my bits' in your ‘My Rusty Bits’ section and follow the prompts to open a stall or garage sale. You will need a minimum of 20 listed items to qualify for a stall or garage sale and sellers can not advertise individual items… yet.

Does it cost me anything to advertise an item/s?
Once you pay for a stall or garage sale you are not charged any additional insertion fees and can list as many items as your selected package will allow. We do however take a small portion of the 'sold' amount upon completion of sale for bank transaction and advertising fees.

How do I pay for an item I have sold?
Our portion will be automatically deducted from the total sales amount during the payment process.

How do I pay for an item I've bought?
All transactions must be carried out via the 'Buy the item' button in the item details page. All payments are processed via a secure third party payment gateway.

Can I upgrade my listing to make it stand out?
Yes, you can pay a bit extra per item and even customise your stall or garage sale to help attract more attention. Details are in our 'Terms, conditions & pricing' page.

Who pays for postage?
The buyer is solely responsible for all postage costs or collection of the purchased item/s on top of the purchase price. You just need to provide the postage/delivery amount to be paid or the address to collect from.

What about picking up items?
If an item is listed as 'Local Pickup Only', it is up to the buyer and seller to arrange an agreed time for collection. The seller sets the day and timeframe for goods to be collected at the ‘set up’ stage. Seller's contact details will be provided via email after the completion of sale.

Can I advertise cars and other vehicles on Rusty Bits?
I’m afraid we are not licensed to sell cars and other vehicles intended for road use yet so you can not list any complete or near complete cars until further notice. Parts or collections of parts are fine to advertise. Anything that has an identification number on it like engines, car bodies and modern chassis have to be documented so the ownership can be traced if need be.

Can I advertise my business on Rusty Bits?
You can request to advertise a business/service with us via THIS link. Advertising a business/service through the site is not a free service and users are not permitted to do so without written consent from Rusty Bits. We do not advertise businesses that are not restoration or antiques related or that may be in direct competition with us i.e. Antique shops.

It there a minimum or maximum amount I can sell an item for?
The minimum amount you can list an item for is AU$4.00 otherwise we would have to charge you more to cover our third party’s transaction fees. There is no maximum amount.

Can I get first pick at items in my wanted list?
Nope. Sorry, that wouldn’t be fair to others. When an item that is in your wanted list comes up for sale, everyone wanting the same item is notified simultaneously. You just have to be quick to purchase it if it’s suitable. What if I want to return something?
If a posted item listed as ‘new’ or ‘new reproduction’ arrives damaged, faulty or does not match the listing description, you are entitled to a refund with the seller being responsible for the postage/delivery cost. If a posted item listed as ‘second hand’ or ‘used’ does not match the listing description, you are entitled to a refund with the seller being responsible for the postage/delivery cost. It is for this reason that we recommend insuring postal items against damage or loss.
If you have just changed your mind, purchased by accident or failed to notice a fault in either the item description or photos, it is up to the seller whether they will accept the return and/or give a refund. Please refer to the seller’s returns policy.
You have 14 days from the purchase date to request to return a purchased item that had arrived to you via post/courier or 3 days for items you have yourself collected or someone has collected on your behalf You can request to return a purchased item by clicking on the ‘Return Item’ link within the item description in your purchase history which you can access via ‘My Rusty Bits’. If the seller does not respond within 3 business days please let us know via THIS link and we will try our best to resolve the issue.