Terms and Conditions AUS
Terms and Conditions
These Terms and Conditions apply to the use of the online marketplace (the “Platform”) operated by Unity Retail B.V (“the Platform Operator”).
By accessing or using the Platform, you agree to be bound by these Terms. Please read them carefully before using the Platform or placing an order.
Article 1 – Definitions
1.1 Platform: The online infrastructure, including website, app, and related systems, provided by the Platform Operator to facilitate transactions between Suppliers and Customers.
1.2 Platform Operator: Unity Retail B.V, a Dutch company operating as an intermediary and payment agent for Suppliers.
1.3 Supplier: Any company registered on the Platform to offer and sell goods directly to Customers, acting as the seller of record in each sale.
1.4 Customer: Any person or entity purchasing goods through the Platform.
1.5 User: A collective term referring to both Suppliers and Customers using the Platform.
1.6 Product: Any tangible item offered for sale through the Platform.
1.7 Service Fee: Any commission or administrative fee retained by the Platform Operator for facilitating transactions.
1.8 Australian Consumer Law (ACL): The set of consumer protection laws under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.9 Australian GST Law: The A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related regulations.
Article 2 – Applicability
2.1 These Terms apply to all use of the Platform and to all transactions concluded between Suppliers and Customers via the Platform.
2.2 Any deviations or additions must be expressly agreed in writing by the Platform Operator.
2.3 If any provision is found invalid, the remaining provisions remain in force. The invalid term will be replaced by a valid one that most closely matches its purpose.
2.4 The Platform Operator may update these Terms at any time. Continued use after publication constitutes acceptance of the revised Terms.
Article 3 – Registration and Use
3.1 Users must register an account to access full functionality. Information provided must be complete, accurate, and current.
3.2 Users are responsible for securing their login credentials and must notify the Platform Operator of unauthorized access immediately.
3.3 Multiple or transferred accounts require prior written approval.
3.4 The Platform Operator may suspend or terminate accounts in case of misuse, non-compliance, or fraud.
Article 4 – Listings and Product Information
4.1 Suppliers must ensure all listings are accurate, lawful, and not misleading.
4.2 Products prohibited under Australian law or deemed unsafe or counterfeit may not be listed. The Platform Operator reserves the right to remove any such listings.
4.3 Suppliers are responsible for compliance with all applicable laws, including product safety, labeling, and consumer rights.
4.4 Pricing is set by the Supplier. The Platform Operator may propose promotions but does not set or alter Supplier pricing.
Article 5 – Orders and Fulfilment
5.1 A Customer’s order constitutes an offer to purchase from the Supplier. A sale is formed once the Supplier confirms the order.
5.2 The Supplier is responsible for fulfilment, shipping, and delivery within the stated timeframe.
5.3 The Supplier must notify Customers and the Platform Operator of any delays. Customers may cancel an order if delivery is unreasonably delayed.
5.4 The risk of loss or damage passes to the Customer upon confirmed delivery, unless otherwise required under Australian law.
Article 6 – Right of Withdrawal and Returns
6.1 Customers have the right to return goods in accordance with Australian Consumer Law.
6.2 Where the right of return applies, the Customer must return the goods within a reasonable time after notifying the Supplier.
6.3 Refunds must be issued by the Supplier promptly after receiving returned goods in acceptable condition.
6.4 Exceptions to returns (e.g., personalized or perishable goods) must be clearly stated on the product listing.
Article 7 – Payments, Fees, and Taxes
7.1 Payments made through the Platform are processed by Unity Retail B.V acting solely as payment agent on behalf of the Supplier.
7.2 Funds received by the Platform Operator are deemed received by the Supplier at the moment of payment.
7.3 The Platform Operator may deduct Service Fees from the transaction amount before transferring the remaining balance to the Supplier.
7.4 The Supplier is solely responsible for determining, collecting, and remitting all applicable taxes, including Australian GST.
7.5 The Platform Operator does not act as the Supplier for GST purposes and does not assume tax liability under Australian law.
Article 8 – Liability and Indemnity
8.1 The Supplier bears full responsibility for the safety, quality, and compliance of its products.
8.2 The Customer acknowledges that the Platform Operator is not a party to the sales contract and acts only as a facilitator.
8.3 Any product-related claims, complaints, or refund requests must be directed to the Supplier.
8.4 Users agree to indemnify and hold the Platform Operator harmless against any claims, damages, or penalties arising from misuse or non-compliance.
8.5 The Platform Operator’s total liability shall not exceed the Service Fees earned on the relevant transaction.
Article 9 – Intellectual Property
9.1 All intellectual property rights in the Platform’s content, layout, and design remain with the Platform Operator or its licensors.
9.2 The Supplier grants the Platform Operator a non-exclusive, royalty-free licence to use its product names, trademarks, and images for promotional purposes.
9.3 The Platform Operator may remove any content infringing third-party rights.
Article 10 – Data Protection and Privacy
10.1 The Platform Operator processes data in accordance with applicable privacy laws, including the GDPR and Australian Privacy Principles (APPs).
10.2 Data is collected only for order processing, fraud prevention, and platform improvement.
10.3 Personal data is not shared with third parties except as required by law or to fulfil transactions.
Article 11 – Prohibited Conduct
11.1 Users may not use the Platform for unlawful, fraudulent, or harmful activities.
11.2 Prohibited actions include providing false information, manipulating reviews, avoiding fees, or violating intellectual property rights.
11.3 The Platform Operator may suspend or terminate accounts involved in such activity.
Article 12 – Force Majeure
12.1 Neither Party is liable for delays or failure to perform due to causes beyond its control (e.g., natural disasters, cyberattacks, or regulatory restrictions).
12.2 If Force Majeure persists beyond thirty (30) days, either Party may terminate the contract without liability.
Article 13 – Termination
13.1 Users may close their accounts at any time after fulfilling all outstanding obligations.
13.2 The Platform Operator may suspend or terminate an account for breach, fraud, or endangerment of platform integrity.
13.3 Termination does not affect accrued financial or contractual obligations.
Article 14 – Governing Law and Dispute Resolution
14.1 These Terms are governed by the laws of The Netherlands, provided that any obligations related to Australian GST or consumer law are interpreted in accordance with Australian legislation.
14.2 In the event of a dispute, the Parties shall first seek amicable resolution. If unresolved, disputes shall be submitted to the competent court in The Hague, The Netherlands, unless mandatory Australian consumer law dictates otherwise.
