Terms and Conditions of Use
1. Accessing this Website
1.1 By accessing this Website, any person accessing the Website (Users) agree to be bound by these Terms and Conditions of Use. If Users do not agree with any of these terms and conditions, Users are prohibited from using or accessing the Website. The materials contained in this website are protected by applicable intellectual property law.
1.2 User’s use of parts of the Website (including those parts of the Website which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
1.3 blingle may in its sole and absolute discretion, for any reason or no reason, and without notice:
(a) alter or withdraw any functionality on the Website;
(b) withdraw or suspend access to all or any part of the Website and any account;
(c) monitor the use of the Website;
(d) subject to any applicable laws, treat any material that Users transmit or display as non-confidential and non-proprietary; and
(e) edit or remove any material that Users may have uploaded, posted, emailed or otherwise transmitted to the Website.
2. Services provided by blingle
2.1 blingle operates the Website as an online platform and marketplace to facilitate communication between Users of the Website who wish to sell (Sellers) precious and semi-precious jewellery (Jewellery) via a listing on the Website (Listing)and other Users who wish to buy Jewellery (Buyers). blingle’s services (Services) are limited to:
(a) making the Website available in accordance with these Terms and Conditions of Use;
(b) facilitating the delivery of Jewellery from Seller to Buyer; and
(c) where requested, forwarding Jewellery and payment on behalf of the Buyer for Jeweller Services as set out in clause 3.2.
2.2 At no time does blingle receive title to the Jewellery. It acts solely as agent for the Buyer when it handles Jewellery, subject to clause 3.
2.3 blingle’s Services are limited to Jewellery that is warranted by the Seller to be authentic and can be validly sold and delivered by the Seller, and which may be transferred by the Seller to the Buyer without breaching any third party’s rights.
2.4 blingle does not endorse, approve or induce the sale and purchase of Jewellery that is not authentic or in breach of any third party rights and does not encourage the breaching of contractual terms imposed by a third party.
2.5 blingle does not verify the authenticity or validity of Jewellery. Any verification requested is conducted by a qualified third party panel jeweller (Jeweller) on behalf of the User that requests the Jeweller Services.
2.6 All postal and delivery services initiated by blingle via Australia Post are insured, however this insurance may be limited in scope and quantum, and may not be suitable for all Jewellery or transactions. Users should consider purchasing their own insurance. Blingle accepts no liability for Jewellery lost in transit and Users accept the risk of loss.
2.7 blingle makes no warranty or representation as to the quality or fitness for purpose of the Jeweller Services or postal and delivery services.
3. Jeweller Services – blingle is agent for the User
3.1 When requested, blingle will refer the User and forward Jewellery to the Jeweller for Jeweller Services.
3.2 For this purpose, the User requesting the Jeweller Services appoints blingle as its limited agent with authority to appoint the Jeweller on behalf of the User for the following Jeweller Services:
(a) verification that the Jewellery matches the description in the Listing (without confirming value or providing certification);
(b) removal of stones;
(c) cut and polish of stones; and
3.3 Jeweller Services are subject to additional cost as set out in the Schedule of Fees and Charges. blingle receives a commission for referring the User to the Jeweller. The commission rate is set out in the Schedule of Fees and Charges and the User appointing blingle consents to blingle’s receipt of such commissions.
3.4 The requesting User indemnifies blingle, its directors, officers, employees and agents against any loss, damage or third party claim arising from or connected with its appointment as agent under this clause 3.
4. User License
4.1 Permission to access the Website is a grant of a license, not a transfer of title, and under this license Users may not:
(a) modify or copy the materials;
(b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any software contained on the website;
(d) remove any copyright or other proprietary notations from the materials; or
(e) transfer the materials to another person or "mirror" the materials on any other server.
4.2 A User’s license under this clause shall automatically terminate if that User breaches any of these Terms and Conditions of Use. In addition, blingle may at its discretion, terminate the licence. Upon termination of the licence, that User will have no right to view the Website or any of the content therein and that User must destroy any downloaded materials in that User’s possession or control, whether in electronic or printed format.
5. Use of the Website
5.1 Users must not, in connection with the use of the Website, act in a manner which:
(a) is contrary to any law or any third party’s rights, or which may encourage a person to act in a way which is contrary to any law or any third party’s rights;
(b) may result in damage to the Website or any property or equipment of blingle, its directors, employees, contractors or agents;
(c) may restrict, disrupt or inhibit any other user from using or enjoying the Website;
(d) endangers the health or safety of any person;
(e) may cause an interference to any business conducted by blingle;
(f) upload, post, email or otherwise transmit any of the following to, or through, the Website:
(i) confidential material;
(ii) misleading or deceptive material;
(iii) material which the User does not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
(iv) material which contains a virus, or other harmful or potentially harmful code;
(g) alter, damage or delete any material on the Website;
(h) hold yourself out as having any authority to act on behalf of us; or
(i) collect or store personal information about other users in a manner which is inconsistent with these Terms and Conditions of Use.
5.2 Users must obey any lawful instruction of blingle in using the Website.
5.3 Users consent to blingle’s use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website
6.1 In order to commence buying or selling Jewellery via a Listing, a User must first register a personal, individual account by creating a username and a password and by providing such information as may be required by blingle from time to time, including social media accounts, your real name, contact telephone number, billing address, bank account details and a valid credit or debit card that we approve and accept (Account).
6.2 Account names must not be:
(a) misleading or deceptive;
(c) in violation or any law or third party rights.
6.3 blingle may, at its sole discretion and for any or no reason, refuse registration of, or cancel an Account.
6.4 Users are solely responsible for activity on the Account and shall be responsible for maintaining the confidentiality of the Account password. No sharing of Accounts is permitted.
6.6 Users acknowledge and agree that blingle does not make any representation as to the success or the likely success of any sale or proposed sale of Jewellery or the validity, authenticity of Jewellery purchased via the Website.
6.7 Users agree to pay the applicable fees and charges set out in the Schedule of Fees & Charges.
7.1 Sellers are solely responsible for creating their Listings within the format provided by blingle, and for setting the price for the Jewellery (Price).
7.2 The content and material related to a Listing shall not contain unauthorised third party intellectual property, or unauthorised material that is subject to other third-party proprietary rights.
7.3 blingle may, at its sole discretion and for any or no reason, delete, edit, modify, reformat, excerpt, or translate any material or content related to a Listing.
7.4 blingle’s fees will be automatically added after the Seller has specified the Price displayed to the Buyer. If a Buyer accepts the offer for sale of that Jewellery, then the Seller must supply that Jewellery to the Buyer and a separate contract will be formed between the Seller and the Buyer in respect of the sale of that Jewellery.
7.5 Users acknowledge that blingle may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by blingle and the maximum storage space that will be allocated to a Listing.
7.6 blingle may at its sole discretion for any reason or no reason, terminate any Listing at any time without notice to you.
8.1 By creating a Listing Sellers are making a binding offer to sell that Jewellery to a Buyer who purchases the Jewellery for the Price. When a Buyer accepts an offer by purchasing Jewellery through our Website or Services, Sellers are contractually bound to deliver that exact Jewellery for the Price and within the required delivery timeframe via blingle’s platform.
8.2 Sellers are obligated to monitor Jewellery inventory and ensure all Listings are accurate. Without limiting any other remedy available to blingle under this agreement, any fraud on the part of the Seller, failure to fulfil orders or breach of this agreement may lead at blingle’s sole discretion to chargebacks and charges as stated in the Schedule of Fees & Charges.
8.3 Prior to listing Jewellery, Sellers should carefully consider the legal rights and obligations that may arise outside of the agreement between the Seller and a Buyer and under these Terms and Conditions of Use from the sale of the Jewellery and, if in doubt, Sellers should seek further legal advice in respect of these rights and obligations.
8.4 Sellers agree that they will provide a true and correct description of the Jewellery in each Listing.
8.5 blingle may prepopulate some of the required fields when a Seller enters the unique identification information of Jewllery during the Listing process for ease of use, however, the Seller must still ensure all details in the Listing are accurate as set out in
8.6 Sellers agree to describe the Jewellery in a Listing in an honest and non-misleading manner. If a Listing is deemed by blingle in its sole discretion, to be dishonest or misleading, then Sellers agree that any associated orders by Buyers may be cancelled and Sellers may be charged fees and lose the right to receive payment for that Jewellery.
8.7 Sellers are required to provide, and continue to provide any additional information which is displayed on the Jewellery in the Listing, or of which Sellers are aware to ensure continuing accuracy of the Listing.
8.8 Sellers acknowledge and agree that blingle has no responsibility, duty or obligation to review the authenticity of any Jewellery or accuracy of Listing.
8.9 It is the Seller’s sole responsibility to ensure compliance with any legal restrictions placed on the resale of Jewellery, whether in the Seller’s home city, state, territory or country or in any other city, state, territory or country. blingle is not responsible for Sellers’ compliance with any such applicable laws. If resale of Jewellery is not breaches third party rights applicable to such Jewellery, then Sellers should not list them for sale. blingle does not accept any liability for Jewellery listed in breach of any third party rights applicable to such Jewellery and Sellers shall remain solely responsible to the relevant parties for any consequences of listing Jewellery in breach of such terms and conditions.
8.10 Failure to provide full and accurate details in a Listing may lead to blingle or Buyers suffering loss or damage and Sellers agree to indemnify and hold harmless blingle and Buyers from and against all losses, liabilities, damages, fines, expenses and costs arising out of or in connection with a Seller’s failure to provide full and accurate details of Jewellery in a Listing.
8.11 Sellers warrant to and for the benefit of blingle and the Buyer, the following:
(a) Each piece of Jewellery that appears in a Listing is:
(ii) fully transferrable;
(iii) available for immediate sale at the price listed;
(iv) not stolen, counterfeit or in any way contains fraudulent, inaccurate or misleading information; and
(vi) not offered for sale in breach of third party rights
(b) In offering Jewellery for sale via blingle, Sellers are complying with all applicable laws, regulations and codes of practice including, but not limited to, consumer or other legislation which regulates the activities of the Seller or which may be applicable to the resale of Jewellery within any relevant territory, state or country; and
(c) All information Sellers provide to blingle when applying to become a Seller or at any time thereafter is true and accurate in all respects.
8.12 Sellers acknowledge and agree that blingle may, in the event of a breach of any of these Terms and Conditions of Use, debit such amount equal to the Price and other fees and charges as incurred under the Schedule of Fees & Charges.
9.1 Buyers with a registered Account may review the Jewellery and Listings on the Website.
9.2 Buyers should carefully read the full listing details for each piece of Jewellery before clicking to buy the Jewellery.
9.3 Buyers click to buy selected Jewellery, enter and/or confirm payment information and confirm the purchase of the Jewellery. Upon confirming a purchase, the Buyer is committing to a contractual obligation to buy the selected Jewellery for the Price, and to make such additional payments as may be required, as set out in the Schedule of Fees and Charges, and including those imposed by blingle, its payment partners and the Buyer’s financial institution.
9.4 Jewellery prices displayed on a Listing are inclusive of all applicable GST.
9.5 Buyers must make full payment for Jewellery via the methods offered by blingle from time to time. Purchases are not confirmed until blingle has confirmed receipt or verification of payment and has conducted fraud checks, as required. All payments must be made, and will be taken, in Australian dollars.
9.6 Upon receipt of purchased Jewellery, Buyers must inspect the Jewellery to ensure that it matches the description in the Listing. If the Jewellery does not match the description in the Listing, blingle must be notified within 24 hours via such methods and using such forms as may be determined by blingle from time to time, failing which payment may be released to the Seller.
9.7 To the fullest extent permitted by law (and subject to rights under the Australian Consumer Law rights and any rights a Buyer may otherwise have), all Jewellery purchases are final and no refund or exchanges will be provided by blingle.
9.8 Unless otherwise required by law, blingle has no liability to Buyers in respect of Jewellery or Services.
9.9 Nothing in this clause 8 is intended to limit, or limits, any rights Buyers may have under the Competition and Consumer Act 2010 (including under the Australian Consumer Law set out in Schedule 2 of that Act) or any other applicable consumer law.
10. Payments & Escrow terms
10.1 All payments made by Buyers and received by Sellers are subject to the terms and conditions of our escrow provider, PromisePay, which may be found here: https://promisepay.com/policies/end-user-agreement/
10.2 In respect of each valid and confirmed order for Jewellery, and subject to PromisePay’s terms and the satisfaction of all pre-conditions to payment specified in these Terms and Conditions of Use, blingle will pay the Seller an amount equal to the Price by directing its escrow provider to release the payment.
10.3 Any complaint in relation to PromisePay’s services should be addressed to both PromisePay and blingle via methods and using such forms as may be determined by PromisePay and blingle from time to time.
- (a) Identifying information such as name, date of birth and employment details;
- (b) contact information such as home address, home and mobile phone numbers
and email address;
- (c) financial information, such as bank account and credit card details;
(d) information about involvement in other programs you participate in or
memberships you may have.
11.3 blingle may use personal information collected from Users to provide Users with information, updates and our services. blingle may also make Users aware of new and additional products, services and opportunities available to Users, provided by blingle, our partners, service providers (including PromisePay and Jewellers) and customers. blingle may use Users’ personal information to improve our products and services and better understand Users’ needs.
11.4 blingle may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
12.1 Users are solely responsible for obtaining their own tax advice before using the Website and Services.
12.2 Sellers are solely responsible for any tax consequences as a result of the use of the Website and the Services.
12.3 Sellers shall ensure that they do not represent or give rise to an impression that a Listing is in support of a charity or not for profit organization or that contributions are tax deductible, unless this is true and accurate in all circumstances and for all Buyers.
13.1 blingle charges fees and charges in accordance with the Schedule of Fees & Charges as amended from time to time.
13.2 Without limiting 13.1, blingle charges each of the Buyer and Seller an amount equal to that set out in the Schedule of Fees & Charges.
14. Users’ Intellectual Property
All material and content posted or submitted by a user on the Website, including Listings are the intellectual property of that user. However, each user grants a free and irrevocable licence in perpetuity to blingle and its assigns and successors to use any part or the whole of any intellectual property, in any form, for any purpose it deems fit, including for advertising and marketing of the Website or any other products and services offered by blingle, its related bodies corporate, partners, advertisers, suppliers or contractors.
15. No warranties and limitation of liability
15.1 To the extent permitted by law, blingle excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where blingle is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth), blingle’s liability is limited (to the extent permitted by law) at its option to the following:
- (a) in the case of goods supplied or offered by it:
- (i) to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or
(b) in the case of services supplied or offered by it:
(i) to the supply of the services again; or
(ii) to the payment of the cost of having services supplied again.
15.2 blingle, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
(a) a User’s use of or inability to use the Website,
(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website;
(c) any information available on or through the Website or on or through any website to which there is a link from the Website; or
(d) blingle’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.
15.3 Without limiting 15.1 or 15.2, blingle’s total liability shall be limited to the amount paid by a User in respect of a disputed transaction.
15.4 Users indemnify blingle, its related bodies corporate, their officers and employees, and service providers (including PromisePay) from and against all:
(a) liability to any third party;
(b) damage to property; and
(c) other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to your negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.
16. Revisions and Errata
The materials appearing on blingle’s website could include technical, typographical, or photographic errors. blingle does not warrant that any of the materials on its website are accurate, complete, or current. blingle may make changes to the materials contained on its website at any time without notice. blingle does not, however, make any commitment to update the materials.
17. Links and Advertising
blingle has not reviewed the sites linked to or from the Website or third party advertising. All links and advertising provided are for Users’ convenience only, and blingle is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by blingle of the site. Use of any such linked website or advertising is at the User's own risk.
19. Governing Law
Any claim relating to these Terms and Conditions of Use or the use of the Website or Services shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions, and Users agree to submit to the jurisdiction of the Courts of that State.
If any provision of these Terms and Conditions of Use is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.
SCHEDULE OF FEES & CHARGES
Effective 1 January 2017
Fee or Charge
At cost, set by financial institution
Bank Transaction Fees (any Fee incurred by blingle as a result of the transaction by the Seller or Buyer)
At cost, set by financial institution
Shipping and insurance charged to Buyer
Determined by item sale price
Up to $2,000: $99
$2,001 to $7,000: $175
$7,001 to $10,000: $250
blingle’s verification fee and handling fee, charged to Seller
10% of item sale price
Jeweller Services (optional extras, if added by buyer at checkout)
Removal of stone: $49
Cut and polish: $99
Presentation box: $20
Failed verification fee and return shipping fee