'Tally Ho Chap' Terms and Conditions
The owner and operator of this site is Dave Brown (ABN 75 165 460 255) trading as Tally Ho Chap. By purchasing products from Tally Ho Chap through this website the purchaser (“Customer”), agrees to the following terms and conditions of sale.
1. Ordering
1.1 Upon the Customer confirming its purchase order the Customer agrees to purchase the products in the Customer’s “shopping cart” for their price and any postage and handling charges as applicable.
1.2 Tally Ho Chap will send the products to the Customer as soon as practicable after it receives payment for the products.
2. Defective products
2.1 If the Customer purchases a defective product from Tally Ho Chap, the Customer must return the product to Tally Ho Chap within 28 days of receiving the product, with a copy of the invoice for the product and a brief letter which includes the Customer’s details and identifies the defect in the product.
2.2 If the product is defective, Tally Ho Chap will in its discretion, either:
(a) replace the product, or
(b) provide a refund of the price of the defective product to the Customer.
2.3 Tally Ho Chap will not accept any liability for any defective products which the Customer does not return in accordance with clause.
2.4 In no case shall the maximum liability of Tally Ho Chap exceed the price of the product in respect of which a claim is made.
3. Stock availability
3.1 The Customer shall not be entitled to object if information about products on the Website is not correct or if advertised products are not available or if images of products differ from the actual products.
3.2 If the Customer pays for a product which Tally Ho Chap cannot supply Tally ho Chap will refund the price of that product to the Customer.
4. Products sent to incorrect address
4.1 If the Customer does not receive products it has purchased within 40 days of the date of purchase Tally Ho Chap shall not be liable to the Customer for those products unless the Customer notifies Tally Ho Chap within 40 days of the date of purchase.
4.2 If a product is not received by a Customer because it was sent by Tally Ho Chap to an incorrect address due to an error by Tally Ho Chap then Tally Ho Chap shall be responsible for the resending or replacement of the product or refunding of the price of the product.
4.3 If a product is not received by the Customer because the Customer provided an incorrect or insufficient address, then:
(a) subject to clause , if the product is returned to Tally Ho Chap, Tally Ho Chap will resend the product to the Customer provided that the Customer first pays the cost of postage and handling for re-sending; or
(b) if the product is not returned to Tally Ho Chap, then Tally Ho Chap shall have no further responsibility.
5. Non-claimed products
If products which a Customer has purchased are returned to Tally Ho Chap by a person other than the Customer and Tally Ho Chap cannot, despite reasonable efforts, contact the Customer or the Customer does not contact Tally Ho Chap within 3 months of products being returned to Tally Ho Chap then ownership of the products will revert to Tally Ho Chap.
6. Delays
The Customer agrees not to hold Tally Ho Chap liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
7. Passing of risk and ownership
7.1 Subject to clauses and Tally Ho Chap does not accept any liability for products after it has sent the products to the Customer.
7.2 Subject to clause 5, ownership of products purchased by the Customer shall pass to the Customer upon Tally Ho Chap sending the products to the Customer.
8. Limitation of liability
8.1 Tally Ho Chap shall not be liable to the Customer for refunding the price of products or replacing or exchanging products which the Customer purchases through Tally Ho Chap’ website other than as set out in these terms and conditions.
8.2 Tally Ho Chap shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services which the Customer purchases through Tally Ho Chap’ website, even if Tally Ho Chap has been advised of the possibility of such damages.
10. Site access
10.1 Tally Ho Chap hereby grants the Customer permission to access, view and download the content appearing on this site, for personal, non-commercial use only.
10.2 The Customer agrees not to use any device, method or software to interfere with the proper functioning of this site including but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
11. Intellectual property
11.1 The Customer agrees that the content which the Customer accesses, views or downloads and the software used to create it, remains the intellectual property of Tally Ho Chap.
11.2 The Customer agrees not to modify or alter the content of the website in any way, or make it available to any third parties.
12. Communications
By creating an account with Tally Ho Chap the Customer consents to receiving electronic communications from Tally Ho Chap. The Customer’s personal details will not be sold or leased to any third party. For more information please see our Privacy Policy.
13. Public Liability
Every person on the premises of Tally Ho Chap or on the premises where Tally Ho Chap are conducting business shall be deemed to be there at their own risk and shall have no claim against Brisbane Tally Ho Chap, its employees or agents in respect of any accident which may occur, or injury, damage or loss howsoever caused.
14. Governing law and jurisdiction
These terms and conditions are governed by, take effect and will be construed in accordance with the laws of Queensland, and the Customer irrevocably and unconditionally agrees to submit to the exclusive jurisdiction of the courts in Queensland and courts entitled to hear appeals therefrom.
Disclaimer
Tally Ho Chap would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.
The information on this website is provided for general information only. Tally Ho Chap has provided this information for the benefit of users in good faith and with reasonable care. Errors and omissions in this information may occur including through negligence. Accordingly, Tally Ho Chap does not accept any liability for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.
'Brisbane Book Auctions' Terms and Conditions
The owner and operator of this business is Dave Brown (ABN 75 165 460 255) trading as Brisbane Book Auctions. By bidding at Auctions operated by Brisbane Book Auctions through this website the Bidder (“Customer”), agrees to the following terms and conditions of sale.
The terms and conditions set out below apply to all sales by private treaty, public auction or auction by private treaty held by Brisbane Book Auctions to the exclusion of other terms and conditions and no modifications will be binding unless accepted by Brisbane Book Auctions in writing.
1. Agent
Brisbane Books Auctions sells by Auction, Private Treaty and Auction by Private Treaty for the Vendor and is not responsible for default by the Buyer of Vendor.
2. Agent Discretion
Brisbane Books Auctions has the right at its sole discretion without giving any reason therefore to; a) refuse any bid, to divide any Lot, to combine two or more lots, to withdraw any Lot from the sale and, in the event of dispute, to re-offer any Lot sale again, b) to keep secret the existence of the Reserve Price of any Lot, c) on the behalf of a Vendor or any prospective Buyer with or without disclosure, d) in the event any Lot is not sold at auction to re-offer the Lot sale for sale by Private Treaty subject to these Terms and Conditions; e) to refuse any person or persons admission to, or eject them from the premises site.
3. The Buyer
a) The highest bidder shall be the buyer except in the case of a dispute. If during the auction the auctioneer considers that a dispute has arisen, the auctioneer has discretion to settle it or re offer the lot. b) Every buyer shall bid as a principal unless prior to the auction they disclose to Brisbane Books Auctions the fact that they will be bidding on behalf of some one else and they must supply the full name and address of this person on whose behalf they are bidding with a signed written copy of their authority to bid on this person’s behalf. A copy of the digital authority will be acceptable.
4. Contract of Sale
a) On acceptance of bid by the fall of the hammer or by absentee bidding, or by telephone bidding or by internet bidding, a contract of sale is made between the Vendor and the Buyer. Brisbane Books Auctions is not a party to the contract of the sale and shall not be liable for any breach by either the Vendor or the Buyer. b) Ownership of the Lot will pass to the Buyer only when the full purchase price has been received by the agent subject to clearance of funds.
5. Buyer Registration and Absentee Telephone and Internet Bidding
All Bidders shall register in a manner determined by the auctioneer from time to time. If more than one absentee bidder submits the same bid then the first bid received will be the bid accepted.
6. Reserves
Each lot is offered for sale subject to any reserve price placed by the agent in agreement with the Vendor. The Vendor or an agent appointed by the Vendor may not bid on his own lot. However if the Vendor does bid he shall pay Brisbane Books Auctions the buyers premium and also be charged the seller’s commission.
7. Buyers Premium
The buyer shall pay to Brisbane Books Auctions a buyer’s premium of 20% (GST inclusive) of the final bid.
8. Responsibility of Buyer to Inspect
A buyer shall satisfy him/herself on the condition of the object before bidding. All goods
sold are secondhand and can have defects. All lots are sold “as is”. Brisbane Books Auctions or the Vendor make no warranties regarding any lot. Brisbane Books Auctions takes every care when cataloguing items and collates every item where practicable and notes any defects found. However at times defects or bibliographical points may be overlooked and buyers are advised to satisfy themselves before bidding on any lot.
9. Rescission of Sale
If within 21 days of the completion of the sale Brisbane Books Auctions have received from the buyer notice in writing that in their view the lot is a deliberate forgery and that this lot is returned within 7 days after such notification and the buyer returns it in the same condition in which it was delivered and that the buyer produces expert evidence that the item is a forgery and that Brisbane Books Auctions is satisfied that such item is a forgery then all monies paid by the buyer to Brisbane Books Auctions shall be refunded within 7 business days.
10. Illustrations and Photography and Copyright
The copyright on all photographs and digital images in the catalogue remain the property of Brisbane Books Auctions. Brisbane Books Auctions acknowledges the copyright holder of the original works. Brisbane Books Auctions endeavours to reproduce the colour in the images as faithfully as possible but due to the technological difficulty makes no warranty on the reproduction of the colour reproduced in either the digital or printed catalogue.
11. Removal of Lots Purchased
All lots must be picked up from the place of the auction within 4 days following the auction. The buyer shall be responsible for removal of the items. A storage charge per day of 1% of the hammer price of each lot not collected will be charged. Arrangements may be made with Brisbane Books Auctions for postage of items in which case a postage and handling fee will be charged. The buyer shall be responsible for obtaining any export licence required by the Government. Refusal by the Government will not cancel a sale.
If the purchase price is not paid by the buyer to Brisbane Books Auctions within 24 hours of the sale, or some other agreed time, then Brisbane Books Auctions shall do one of the following; a) resell to the underbidder or any other interested party at a price negotiated and the buyer shall pay any shortfall. If the lot is sold for more than the original price then the buyer shall have no right or claim to the profit. b) Brisbane Books Auctions shall have discretion to remove, store or insure the lot at the buyers expense. c) to commence legal proceedings against the buyer damages for breach of contract at the buyer’s expense.
12. Public Liability
Every person on the premises of Brisbane Books Auctions or on the premises where Brisbane Books Auctions are conducting business shall be deemed to be there at their own risk and shall have no claim against Brisbane Books Auctions, its employees or agents in respect of any accident which may occur, or injury, damage or loss howsoever caused.
13. Law of Conditions
These conditions of business are governed by and construed in accordance with the law of the state in which the sale is conducted and all parties shall submit to the exclusive jurisdiction of that State’s Courts.
14. Shipping.
Shipping is completed through our In-house shipping team, utilising the service of Australia Post. The estimated postage (domestic/international) will be added to your invoice for your payment. Please note we do allow local Brisbane pickup from Brisbane Book Auctions and please note that this needs to be completed within 5 days of payment otherwise a storage cost of $5/day will be charged. Please make contact with our team to arrange this.
'The Quartermaster' Terms and Conditions
The General reasons for ads being deleted are:
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Breaches of Australian law. It is the responsibility of the advertiser before posting an ad on The Quartermaster to ensure that the content advertised adheres to Tally Ho Chap posting policies as well as Australian applicable laws. As a condition of your use of The Quartermaster, you agree that you will not violate any laws
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Including information in your ad which Tally Ho Chap believes is designed to manipulate search, including keyword stuffing and adding tags to your ad.
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The ad is a duplicate of another ad previously posted
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Posted under the wrong category (You must choose the single most relevant category for your ad)
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Ads posted in a language other than English. We only accept ads in English. It's acceptable to include a translation of your ad in another language in addition to English
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Ads are posted from overseas or from behind a VPN unless the ad is posted in anticipation of you being in Australia (eg. to find a place to live or a job while you are here). The Quartermaster is for Australian-based individuals and businesses only.
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The Ad contains external links: No external website links are allowed within your ad to other sites.
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Not descriptive enough: Ads that do not provide enough detail will be placed on hold or removed as this makes for a bad browsing experience
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Inappropriate language
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Inappropriate photo / image
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Discriminatory on race / religion / nationality / gender / etc
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Ads that report other fraudulent ads. Please report potentially fraudulent ads via 'Contact Us' on the Tally Ho Chap Homepage with ad details and reasons why these ads should be reviewed
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Ads that are intended to profit off natural disasters, health or public safety concerns, or tragic events.
Tally Ho Chap reserves the right to remove any ad that we feel is not relevant, or of value to the community, with or without notice to the ad poster.
There are several ways that your ad may be found to be in breach of policy and removed from the site including:
1. Your ad has been reported to us. When this happens your ad may be temporarily suspended until we review it. We check reported ads as quickly as we can. If we conclude that the ad hasn't broken any Posting Policies we will activate the ad again promptly. Check back after a few hours to see if this is the case.
2. Your ad has been removed by our moderation tools. Ads identified by our automated tools as inappropriate, that we then find do break our Posting Policies will be removed from the site. In most cases we email you to let you know when we have had to remove your ad.
Limitation of Liability.
Nothing in these Terms of Use excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law.
To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.
Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered.
We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.
To the extent permitted by law:
we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
and without limiting any rights that you may have under the Australian Consumer Law, Tally Ho Chap's liability to you for any failure by The Quartermaster to comply with any statutory guarantee under the Australian Consumer Law is limited to Tally Ho Chap supplying the Services again or paying you the cost of having the Services supplied again.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
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the content you provide (directly or indirectly) using our Services;
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your use of or your inability to use our Services;
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delays or disruptions in our Services;
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viruses or other malicious software obtained by accessing or linking to our Services;
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glitches, bugs, errors, or inaccuracies of any kind in our Services;
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damage to your hardware device from the use of any Service;
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the content, actions, or inactions of third parties, including items listed using our Services;
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a suspension or other action is taken with respect to your account for breach or these Terms of Use or our policies;
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your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to these Terms of Use or our policies.