Terms of Use
Version 1.0
Welcome to Qubyk Marketplace, Australia.
The www.qubyk.com.au website is a copyrighted work belonging and is operated by QUBYK MARKETPLACE PTY LTD, ABN 71 642 239 370 (“Qubyk Marketplace”, “Qubyk”, “Us”, or “We”).
qubyk.com.au / qubyk.com / qubyk.co.uk is an Australian owned and operated marketplace that allows sellers from around the globe to come and participate (list) in their wide range of sources and make happy customers.
Table of Content
- User Agreement
- Access and use of the Website
- User Content
- Indemnity
- Fee & Services
- Third-Party Links & Ads;other user
- Cookies
- Disclaimer
- Limitation of Liability
- Copyright Policy
- Communications
- Placing Orders
- Applicable Law
- International Sellers and Import Direct goods
- Store Credits
- Shipping and Delivery
- Change of Mind Returns
- Hyperlinking to our content
- Removal of links from our website
- Returns
- Refunds
- Dispute Resolution
- Abusing
- General
1.USER AGREEMENT
Certain features of the website may be subject to additional guidelines, terms, or rules, which will be posted on the site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the website. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT TO THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
2. ACCESS & USE OF THE WEBSITE
Subject to these Terms. Qubyk Marketplace grants you a non-transferable, non-exclusive, revocable, limited license to access the website solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions:
(a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the website;
(b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the website;
(c) you shall not access the website in order to build a similar or competitive website;
(d) except as expressly stated herein, no part of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the website shall be subject to these Terms. All copyright and other proprietary notices on the website must be retained on all copies thereof.
(e) fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made or you cannot authenticate the seller's identity;
(f) fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
(g) manipulate the price of any item or interfere with other users' listings;
(h) circumvent or manipulate our fee structure, the billing process, or fees owed to Qubyk Marketplace;
(i) post false, inaccurate, misleading, defamatory or offensive content (including personal information);
(j) take any action that may undermine the feedback or rating systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to Qubyk Marketplace);
(k) transfer your Qubyk Marketplace account (including Feedback) and user ID to another party without our consent;
(l) distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
(m) distribute viruses or any other technologies that may harm Qubyk Marketplace or the interests or property of Qubyk Marketplace users;
(n) harvest or otherwise collect information about users, including email addresses, without their consent.
Qubyk Marketplace reserves the right to change, suspend, or cease the website with or without notice to you. You approved that Qubyk Marketplace. will not be held liable to you or any third-party for any change, interruption, or termination of the website or any part.
3.USER CONTENT
User Content. "User Content" means any and all information and content that a user submits to the website.
You hereby certify that your User Content does not violate our Acceptable Use Policy. Producers or sellers of items are expected to conduct proper research to ensure that the items created to be sold on (qubyk.com.au or qubyk.com or qubyk.co.uk) are in compliance with all local, national, and international laws. If Qubyk Marketplace determines that the content of an item is prohibited, we may summarily remove or alter it without returning any fees the listing has incurred. Qubyk Marketplace reserves the right to make judgements about whether or not content is appropriate.
You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Qubyk Marketplace. Qubyk Marketplace is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Qubyk Marketplace an irreversible, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the website. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the website to collect, upload, transmit, display, or distribute any User Content
(i) that violates any third-party right or any intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, nudity, hatred, or physical harm of any kind against any group or individual;
(iii) that is harmful to minors in any way; or
(iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(v) that includes stolen, copied, pirated or counterfeit merchandise.
(vi) that includes unauthorised celebrity image collections, product endorsements and merchandise without permission of the celebrity or their management.
(vii) In addition, you agree not to:
- upload, transmit, or distribute to or through the website any software intended to damage or alter a computer system or data;
- send through the website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
- use the website to harvest, collect, gather or assemble information or data regarding other users without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the website, or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the website, whether through password mining or any other means;
- harass or interfere with any other user’s use and enjoyment of the website; or (vi) use software or automated agents or scripts to produce multiple accounts on the website, or to generate automated searches, requests, or queries to the website.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide Qubyk Marketplace with any feedback or suggestions regarding the website, you hereby assign to Qubyk Marketplace all rights in such feedback and agree that Qubyk Marketplace shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. Qubyk Marketplace will treat any feedback you provide to Qubyk Marketplace as non-confidential and non-proprietary.
4.INDEMNITY
You agree to indemnify and hold Qubyk Marketplace and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of
(a) your use of the website,
(b) your violation of these Terms,
(c) your violation of applicable laws or regulations or
(d) your User Content.
Qubyk Marketplace reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of the Qubyk Marketplace. Qubyk Marketplace will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5.FEE & SERVICES
Joining Qubyk Marketplace as a buyer and purchasing an listed item is free. When you list an item or use a service, we just charge 15% commission fee on every sale, there may be fees incurred for returns, which will be provided in orders or returns section.
However, if you are a seller, you are liable for transaction fees arising out of all sales made using some or all Qubyk Marketplace services, even if sales terms are finalised or payment is made outside of Qubyk Marketplace. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Qubyk Marketplace, you will be liable to pay our marketplace commission fee applicable to that item. Sellers must meet our minimum performance standards outlined in our service agreement. Failure to meet these standards may result in removal of your listing, limiting, restricting, suspending, or downgrading your merchant account.
Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your payment is past due, we (or one of our affiliates) may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, using any credits on your account. In addition, you will be subject to late fees. In the event that your payment method fails or your payment is past due, we may also limit or suspend the services which Qubyk Marketplace provides to you, including by not displaying your listings.
We may change our seller fees from time to time by posting the changes on the Qubyk Marketplace site, but with no advance notice required for temporary promotions, new services, or any changes that result in the reduction of fees.
6.THIRD-PARTY LINKS & ADS; OTHER USERS
Third-Party Links & Ads. The website may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Qubyk Marketplace, and Qubyk Marketplace is not responsible for any Third-Party Links & Ads. Qubyk Marketplace provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each website user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Qubyk Marketplace will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any website user, we are under no obligation to become involved.
You hereby release and forever discharge the Qubyk Marketplace and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the website.
7.COOKIES
Like any other website, Qubyk Marketplace uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
8.DISCLAIMERS
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
- are subject to the preceding paragraph; and
- govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.LIMITATION & LIABILITY
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty AUD (A$50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the website. We may suspend or terminate your rights to use the website at any time for any reason at our sole discretion, including for any use of the website in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the website will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Qubyk Marketplace will not have any liability whatsoever to you for any termination of your rights under these Terms.
10.COPYRIGHT POLICY
Qubyk Marketplace respects the intellectual property of others and asks that users of our website do the same. In connection with our website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online website who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users or sellers is, through the use of our website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the website are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information
Address: 100 Harbour Esplanade, Docklands, VIC 3008
Email: [email protected]
Please note that, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
11.COMMUNICATIONS
All the communications occur between the user and the company are held electronically. You consent to receive communications from us electronically(e-mails, text messages, and other communications from your desktop or mobile device, in-app push notices or communications on the website or through the other Qubyk Marketplace services, such as our message centre) and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12.PLACING ORDERS
- You are responsible for any discrepancies or errors in your order caused by you.
- The promotion of goods or services on the website does not constitute an offer to sell. It is an invitation to treat only.
- Orders placed by you are offers to purchase either:
- a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/seller terms and conditions at the price specified (including delivery and other charges); or
- goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
- Goods sold by Qubyk Marketplace are not reserved in-cart, and an order is only finalised when you have completed the checkout process and received an order confirmation from us and payment is received in full.
- When an order is placed for a Seller's goods, we will send the order to the Seller for confirmation, at which time they may accept or reject your order. Where a Seller rejects your order, we will refund you for the order and associated shipping charges. You will receive confirmation that your order has been accepted by the Seller via email.
- We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
- Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.
- You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. If you change your mind, you can return your goods provided you meet the requirements set out in our Change of Mind Returns policy clause
- In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
- We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
13.APPLICABLE LAW
The laws of the State of Victoria govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of the State of Victoria. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us at [email protected]
14.INTERNATIONAL SELLERS AND IMPORT DIRECT GOODS
- Some third-party Sellers are based in overseas countries. By purchasing goods from these Sellers and importing them into Australia you may be required to comply with Australian laws and standards that apply to the importation of such goods.
- Some products or orders from overseas Sellers which exceed the low-value import threshold (currently $1,000AUD) may be subject to an additional amount of GST collected from you by the Australian Customs and Border Force. Please check www.border.gov.au.
15.STORE CREDITS
If you have an account with us, any unused portion of your Store Credit shall be credited to your account.
- Qubyk Marketplace reserves the right to change any of the terms and conditions in relation to its store credit upon the provision of reasonable notice, including by notice on any of our websites.
- Store credits expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) will expire after 3 months.
- Store credits cannot be redeemed for cash or used for the purchase of gift cards. Where a minimum spend applies to any promotional event on the website, store credits do not count towards the minimum spend totals.
16.SHIPPING & DELIVERY
- Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
- We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express post). Sellers may set their own delivery time frames which may differ from goods sold by us. You should check the sales listing for these details.
- Standard and express post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be made available to you at checkout.
- Sellers utilise their own shipping and distribution networks and may charge different rates for shipping on goods.
- Express shipping is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
- For goods sold by Qubyk Marketplace some orders may not require signature and will be left in a safe place at your delivery address in accordance with postal service company standard practices.
- A signature may be required for some deliveries and some marketplace orders (depending on the individual Seller's requirements). You are responsible for ensuring you are able to accept delivery. Neither we, nor a Marketplace Seller will be responsible:
- for late delivery where attempted delivery has occurred on or before the stated delivery time-frames;
- for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether or not you have personally accepted delivery);
- for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item's carrier.
- We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
17.Change of Mind Returns
Qubyk Marketplace and its Sellers will allow a return for store credit or exchange product where you have changed your mind, provided that the item in question is:
- returned within 30 days of placing an order;
- as new and is not used, worn, or opened and has all original packaging and tags in-tact (including any package seals (if any) being unbroken);
- in a resalable condition; and
- not damaged in any way.
- we cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.
- to return your item for change or mind, you must follow our returns process, or the returns process of the relevant Seller.
- you will be responsible for the cost and risk of returning goods, including the cost of return shipping. If the item is not received by us or the seller, you will not be eligible for a credit or exchange. We recommend you insure high value items that you return for a change of mind.
- you may be provided with a product exchange, refund or store credit (at our discretion or at the discretion of the Seller) only when the returned product is received
- if the returned item does not meet the conditions of this policy, you will be responsible for the cost of receiving your returned goods back to your nominated address
- change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, swimwear and adult toys due to hygienic reasons. Remedies for defective goods are still available. Under no circumstances can change of mind returns for digital access codes or downloadable software be accepted.
- The following products are also excluded from our Change of Mind policy: toys, electronic equipment,
The following goods are excluded under this policy;
- Cosmetics & Beauty products (If hygiene seal is broken)
- Perishable Goods & Food items
- Hosiery
- Underwear & socks
- Swimwear
- Media - Books and unsealed CDs, DVDs & Video Games
- Digital Goods (download codes etc.)
- Personalized/Made to order Goods
- Earphones/Headphones (if package has been opened)
- Large/Bulky Appliances
- Any merchandise where the GST has been claimed under the Tourist Refund Scheme, unless proof of repayment of the GST upon return to Australia is provided
18.HYPERLINKING TO OUR CONTENT
The following organizations may link to our web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Advertising platforms such as Facebook, Instagram and many others.
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other web site information so long as the link:
- is not in any way misleading;
- does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
- fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
- the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
- the organization does not have an unsatisfactory record with us;
- the benefit to us from the visibility associated with the hyperlink outweighs the absence of Qubyk Marketplace; and
- where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an email to [email protected]
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response. Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of Qubyk Marketplace logo or other artwork will be allowed for linking absent a trademark license agreement.
19.REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
20.RETURNS
Buyers can request a return or report that they didn't receive an item from their Purchase history. All returns must be postmarked within seven (7) days of the purchase date and may take 1-2 weeks to be processed. Returns accepted only if-all returned items must be in new and unused condition, with all original tags and labels attached.
Items which are not accepted for returns are-
- Discounted items.
- Items purchased during sales.
EXCEPTIONS:The items cannot be returned or exchanged which comes under our Change in Mind Policy.
Please Note: Sale items are FINAL SALE and cannot be returned.
Return Process:To return an item, please email customer service at [email protected] to obtain a Return Merchandise Authorization (RMA) number and return address will be provided by the seller who’s selling the item. After receiving a RMA number, place the item securely in its original packaging, and mail your return to the address provided by the seller.
21.REFUNDS
After receiving your return and inspecting the condition of your item confirmed by the seller, we will process your return or exchange. Please allow at least fifteen (15) days from the receipt of your item to process your return or exchange. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company. We will notify you by email when your return has been processed. Refunds or returns will be processed for items purchased through our marketplace website only.
Returned items must be delivered to the seller provided address in unused, original packaging and in the condition they were received or may not be eligible for refund or be subject to a restocking fee. We cannot be held responsible for items damaged or lost in return shipment, therefore we recommend an insured and trackable mail service.
For defective or damaged products, please contact us at the customer service at [email protected] to arrange a refund or exchange.
22.DISPUTE RESOLUTION.
In the event that a question emerges among you and Qubyk Marketplace, we will likely furnish you with impartial and practical methods for settling the contest rapidly. We emphatically urge you to initially get in touch with us to look for a resolution. On the off chance that your question isn't settled by reaching Customer Service, every single legitimate notification and formal debates ought to be sent to Qubyk Marketplace's registered agent as per our terms mentioned here. We will consider sensible solicitations to resolve the dispute through alternative dispute resolution procedures, for example, intervention or assertion, as options in contrast to suit.
Law and forums for legitimate questions: This Agreement will be represented in all regards by the laws of the State of Victoria. We urge you to attempt to determine questions utilizing affirmed intercession, (for example, online dispute resolution processes). In the event that a debate can't be settled, at that point you and Qubyk Marketplace unavoidably submit to the non-exclusive jurisdiction of the courts of the State of Victoria.
23.ABUSING
Qubyk Marketplace and its locale of clients ("the Community") cooperate to keep our sites and administrations working appropriately and the Community safe. Please report issues, hostile substance, and strategy infringement to us.
Our Anti-Counterfeiting Policy attempts to guarantee that listed things don't encroach upon the copyright, trademark or other licensed innovation privileges of outsiders. On the off chance that you accept that your intellectual property rights have been abused, please notify our support team and we will examine.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the Qubyk Marketplace services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to, Feedback manipulation, or users who we believe are harassing our employees or other users). Moreover, we may, in fitting conditions and at our reasonable discretion, suspend or end records of clients who might rehash infringers of intellectual property rights of outsiders. We additionally maintain whatever authority is needed to drop unsubstantiated records or records that have been idle for quite a while, or to adjust or cease Qubyk Marketplace administrations.
In the event that you are a merchant or seller and you offer or reference your contact data or approach a purchaser for their contact data with regards to purchasing or selling outside of Qubyk Marketplace, you might be at risk to pay a last worth expense appropriate to that thing.
24.General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us and/or by prominently posting notice of the changes on our website. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on our website. These changes will be effective immediately for new users of our website. Continued use of our website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.