1.1 These are the terms and conditions upon which Trade Me
Limited (Trade Me) provides the Seller with the Pay Now service (the Service) that
enables the Seller to offer an online credit card payment option to people buying
items from the Seller on Trade Me.
Sellers' obligations and service levels
2.1 The Seller must have at least 50 feedback and
maintain a current Address Verified status at all times.
2.2 The Seller must not add surcharges for payment using
Pay Now.
2.3 The Seller agrees to ship goods within three days of
notification of payment.
2.4 The Seller agrees to provide comprehensive shipping options
on all auctions offering Pay Now. Failure to do so may result in the Seller's Pay
Now status being revoked.
2.5 If the goods have been damaged in transit, then it is
the Seller's responsibility to refund the Buyer. The Seller may choose to recover
this cost by applying for insurance from the shipping company.
2.6 Sellers agree to conduct themselves in good faith, respond
to communications with Trade Me in the event of a dispute, and be bound by the outcome
of any dispute resolution process that they enter into with the Buyer.
2.7 In no circumstances will the Seller ship goods outside
New Zealand or Australia.
The Pay Now Service
3.1 Trade Me will provide the Seller with the option to accept
payment by Pay Now when listing an item.
3.2 For any listing where the Seller opts to accept payment
by Pay Now during the listing process, Trade Me will:
Indicate on that listing that payment can be made by Pay Now; and
Facilitate the option for buyers to pay for the item using Pay Now.
How funds are held
4.1 Trade Me will hold the money received from buyers on
a bare trust, in an interest bearing account. Trade Me is authorised to deduct its
fees and retain any interest. The Seller will not earn interest on monies held by
Trade Me.
4.2 Trade Me will hold the money for up to three working
days, and will then pass the money on to the Seller's Nominated Bank Account.
4.3 Trade Me may hold payments for longer periods at its
discretion, such as to minimise fraud risks. No payment will be unreasonably withheld.
4.4 To provide the Seller with visibility of payments, Trade
Me will provide the Seller with a Pay Now account where the Seller can view that
payments have been made by the Buyer, before being transferred to the Seller's Nominated
Bank Account. The Seller acknowledges that payments into the Seller's Pay Now Account
are not a guarantee of payment into the Seller's Nominated Bank Account.
Charges and Fees
5.1 Trade Me will charge the Seller a fee for every credit
card transaction under this agreement as a fee for facilitating the Service. The
fee will be 1.95% of the transaction value and will be deducted from the Seller's
Pay Now account. Trade Me may change this fee at any time with one week's notice.
5.2 In some circumstances, (such as if the Buyer disputes
authorising a payment) a bank may Chargeback a payment (a Chargeback). In the event
of a Chargeback Trade Me will refund the 1.95% fee.
Seller's Trade Me Account
6.1 Sellers will not be able to list an item if either their
General or Payment Ledgers are in debt.
6.2 Sellers with negative account balances may be referred
to an off-line collection agency.
Seller's bank account
7.1 The Seller must have a verified, New Zealand domiciled,
bank account which will be the Seller's Nominated Bank Account.
7.2 Before the Service to the Seller is enabled, the Seller
must complete Trade Me's bank account verification process. Trade Me may require
subsequent confirmation of this account if the Seller has not received a payment
for three or more months.
7.3 If the Seller changes their Nominated Bank Account, Trade
Me will hold the payment on any funds received until the account is verified. However
the Seller should still send the goods as per clause 2.3.
Fraud prevention measures
8.1 Trade Me employs fraud engines and detection techniques
that are designed to protect sellers and buyers. As a result, Trade Me will sometimes
hold or reverse payments or take other steps to protect members.
8.2 Trade Me has systems in place to reduce the risk of credit card fraud and prevent the unauthorised use of credit or debit cards. Sellers should not release or send goods purchased via Pay Now until notified to do so by Trade Me. Where Trade Me is subsequently made aware that a transaction was not authorised by the registered card holder, and the Seller has acted in accordance with Trade Me's instruction regarding that transaction, Trade Me will not pass the loss onto the Seller.
8.3 Trade Me is not liable for falsely declining transactions.
Reversals, Chargebacks and refunds
9.1 Trade Me may reverse a payment to the Seller should a
Chargeback or an erroneous payment occur. If the payment to Trade Me is reversed,
and if Trade Me cannot reverse the payment to the Seller automatically, the Seller
must pay Trade Me the reversed amount. Trade Me may also charge interest while the
payment is outstanding.
9.2 In the event that Trade Me does incur a loss as a result
of a chargeback, this chargeback cost may be passed on to the
Seller.
9.3 In the event of a Chargeback, Trade Me will provide reasonable
evidence to the bank about the transaction. The Seller may also be asked to provide
additional information (including proof of postage.)
9.4 Except as outlined in section 8, Trade Me is not liable for letting through transactions that result in Chargebacks and loss for sellers. In the event of a chargeback (or refund) Trade Me will
debit the amount from the Seller's Pay Now account, so that the funds are deducted
from the Seller's next payment. Alternatively the Seller can make a payment to their
General ledger and transfer the funds.
Transaction limits
10.1 Transaction limits apply and may be changed by Trade
Me at any time.
Disclaimers
11.1 The Seller accepts that:
Trade Me only facilitates the Service, and does not take any part in the sale itself
including as an agent for either party.
Trade Me's fraud protection systems may from time to time block legitimate payments.
In these cases, payment will need to be made by other means.
Trade Me makes no warranty that the Service will meet the requirements of all prospective
users, or that the Service (including any reports) will be uninterrupted, timely,
secure or error free.
Trade Me bears no responsibility or liability for any misconduct or mistakes by
buyers or other third parties who are involved in the transaction.
Indemnity and liability
12.1 The Seller agrees to indemnify Trade Me, its officers
and employees against any claim or demand made by any third party due to or arising
out of the Seller's use of the Service.
12.2 Except as expressly provided in this Agreement all representations
or warranties (statutory, express or implied), except any which may not lawfully
be excluded, are expressly excluded, including without prejudice to the generality
of the foregoing, any implied warranties of merchantability and fitness for a particular
purpose.
Termination
13.1 Trade Me may terminate this agreement immediately if
the Seller breaches either this agreement or Trade Me's general terms and conditions
or engages in conduct that Trade Me deems inappropriate or unacceptable, including
if it deems there to be unacceptable risk.
13.2 Either party may terminate this agreement for any other
reason by giving 30 days' notice.
Trade Me Terms and Conditions and Privacy Policy
14.1 Trade Me's terms and conditions as set out on the Trade
Me website form part of these terms and conditions and shall (with all necessary
modifications) apply so far as is possible to this agreement.
14.2 Trade Me's Privacy Policy applies to any information
provided by the Seller to Trade Me under this agreement.
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