1. ING Good Finds Marketplace Terms
1.1 ING has established the ING Good Finds Marketplace to support our social enterprise partners (Sellers).
1.2 There are a number of parties involved in the operation of the ING Good Finds Marketplace:
(1) ING – ING (also referred to as we, us, our) facilitates the ING Good Finds Marketplace, including by arranging delivery and fulfilment of purchase orders through our fulfilment partners, but we do not own, supply or resell any of the Products for sale.
(2) Seller – Sales of the Products are made by our social enterprise partners (the Sellers) directly to you (the customer). ING is not responsible for, nor party to, the supply of Products that takes place between you and Seller using the ING Good Finds Marketplace, except as set out in these Terms or as provided by law;
(3) Payment gateway – ING has appointed a third party service provider to process payments for orders placed through the ING Good Finds Marketplace; and
(4) Fulfilment partners– ING has appointed a third party service provider to provide storage, warehousing services and delivery of Products to customers.
2. Access to the ING Good Finds Marketplace
2.1 By accessing or using the ING Good Finds Marketplace, you agree to be bound by these terms and conditions of use (as updated from time to time) (Terms).
3. Operation of the ING Good Finds Marketplace
3.1 The ING Good Finds Marketplace will initially operate for a short period, (on Saturdays from Saturday 29th October 2022 to Saturday 19th November 2022, and Wednesday 23 November – Tuesday 29 November 2022 inclusively). ING will determine in its discretion whether it will continue to make the ING Good Finds Marketplace available following the end of that period.
3.2 Products may only be purchased using the ING Good Finds Marketplace by persons located within Australia. However, the ING Good Finds Marketplace may be accessed by users outside Australia. We make no representation that the ING Good Finds Marketplace complies with the laws of any country outside of Australia. If you access the ING Good Finds Marketplace outside of Australia, you do so at your own risk.
3.3 Each order that is accepted through the ING Good Finds Marketplace results in a separate binding agreement between you and the Seller for the supply of the relevant Product. ING is not a party to that sale agreement nor do we assume any responsibility arising out of or in connection with it.
3.4 Subject to any responsibilities that we may have under the Australian Consumer Law, the Seller, not us, is responsible for:
(1) the quality and pricing of the Products;
(2) the sale of the Products;
(3) the Product information displayed on the relevant page for the Product;
(4) any specific representations, guarantees, assurances or warranties (including any implied warranties) made by the Seller in respect of its Products; and
(5) for providing remedies to you in respect of any claims or other issues arising out of or in connection with the agreement between you and the Seller.
4. Listing of Products
4.1 The Products, prices, and promotions offered on the ING Good Finds Marketplace may not be the same as those included in a Seller’s own retail or online store.
4.2 ING will use its best endeavours to ensure the accuracy of listings of Products on the ING Good Finds Marketplace. However, as ING is not the seller of the Products, and is not responsible for creating any of the descriptions or other information included within a Product listing (which is provided by the Seller), you acknowledge and understand that ING cannot guarantee that there are not any inaccuracies in the Product listings.
4.3 You acknowledge and agree that:
(1) where applicable, accessories or additional components featured with the Products may be for illustrative purposes only, and may be sold separately; and
(2) where indicated, Product dimensions, weights and measurements in the description of a Product may be approximate. It is your responsibility to ensure that the actual size of each Product is suitable for your purpose prior to submitting your order (including whether there is appropriate and safe access to your delivery address for delivery of the Product).
5. Placing Orders on the ING Good Finds Marketplace
5.1 By placing an order you are entering an agreement to purchase the selected Product(s). It is your responsibility to ensure the correct email address, your contact details and your delivery address are entered with your order. After your order has been received by the ING Good Finds Marketplace, you will receive a confirmation of your order.
5.2 We will not be liable to you or any third party for any loss suffered as a result of, or in connection with, a delay or failure to process and/or deliver your order due to inaccurate or incomplete details provided by you in your order.
5.3 If you place consecutive or separate orders, the orders cannot be consolidated. If applicable, each order will have a separate delivery fee.
5.4 Products may sometimes be out of stock or unavailable and the Seller may not be able to fulfil all or part of your order. If the order is processed and stock becomes unavailable we will contact you as soon as possible in relation to your order to provide a refund to you of the amount paid in respect of the impacted products.
5.5 In the event that an ordered Product is not available or it is not possible to fulfil your order, we will use our reasonable endeavours to notify you within 2 Business Days to arrange a refund or a credit for the ING Good Finds Marketplace.
5.6 We use automated fraud detection software that may result in your order being delayed or cancelled. When your order is flagged for fraud detection, we may make enquiries into any potential fraud at our sole discretion. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
5.7 Your order may be rejected 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 ING Good Finds Marketplace. In these circumstances, the order will be refunded in full.
6. Prices and payment
6.1 The Seller may change or alter Product prices without notice to you. If you have already submitted an order at a particular price, the Seller will supply your ordered Products at that price (unless your order is affected by a pricing error, in which case your order may be cancelled and the amount already paid refunded to you). Revised pricing will otherwise apply to all orders for Products placed after the change in the price of the Product is advertised on the ING Good Finds Marketplace.
6.2 All prices are listed and payable in Australian Dollars (AUD) and are inclusive of GST and any applicable merchant or payment gateway fees.
6.3 Prices for Products are solely determined by the Seller.
6.4 A third party provider has been appointed to manage the payments and refunds processes on the ING Good Finds Marketplace. The third party service provider has engaged a payment gateway provider to process payments for Products ordered via the ING Good Finds Marketplace. In order to place an order you must pay the listed price for Products at the checkout using one of the available payment methods. You are solely responsible for complying with any third party terms and conditions applicable to your chosen payment method.
6.5 As set out above, we are not a party to any contract between you and the Seller for Products purchased using the ING Good Finds Marketplace. An invoice for the Products (issued by ING as agent for the Seller) will be sent to your nominated email address.
6.6 ING may offer promotional discount or coupon codes in respect of certain orders or products on the ING Good Finds Marketplace. All codes must be applied, if relevant, prior to submitting your order. Other conditions of use for any discount or coupon codes will be specified on the ING Good Finds Marketplace or at the time of issue.
7. Shipping & Delivery
7.1 The ING Good Finds Marketplace transacts only within Australia. Delivery of Products is only available to valid Australian postal addresses.
7.2 ING facilitates shipping for Products purchased on the ING Good Finds Marketplace through ING’s fulfilment partner and may charge different rates for shipping of Products. Please refer to the shipping and delivery information made available on the ING Good Finds Marketplace at the time of purchase.
7.3 Delivery times for Products purchased through the ING Good Finds Marketplace vary, depending on your location. Delivery times are an estimate only and may vary depending on location, carrier and public holidays. During certain periods of high sales volumes, delivery times may be extended.
7.4 Your order may be left at your nominated delivery address if the nominated delivery address is unattended.
7.5 ING reserves the right to change, modify or discontinue any delivery options in its absolute discretion.
7.6 Subject to any applicable laws, neither ING nor the Seller are responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of the Products to your nominated delivery address.
8. Risk and Title
8.1 We do not at any time assume title in any Products.
8.2 Title to the Products passes from the Seller to you on the later of the date of:
(1) payment for the Products; and
(2) delivery of the Products to your nominated delivery address (including where the Products are left at an unattended delivery address).
8.3 Risk in the products passes to you on delivery to your nominated delivery address (even if the nominated delivery address is left unattended).
8.4 Please contact the ING Good Finds customer service team if there are any issues with your delivery.
9. Refunds and Returns
9.1 The ING Good Finds Marketplace Refund and Exchange Policy available at inggoodfinds.market/refund_returns (as amended from time to time) will apply to the sale of all Products on the ING Good Finds Marketplace and forms part of these Terms. The ING Good Finds Marketplace Refund and Exchange Policy applies in addition to any other rights to which you may be entitled under the Australian Consumer Law.
9.2 The ING Good Finds customer service team will co-ordinate any refunds and returns in accordance with the ING Good Finds Marketplace Refund and Exchange Policy. You should communicate directly with the customer service team in relation to any complaints or other issues arising in connection with Products you purchase using the ING Good Finds Marketplace. The customer service function is operated by the Seller. The Seller will arrange for any refunds, credits or returns to be processed through the ING Good Finds Marketplace.
9.3 You acknowledge that the Seller is solely responsible for providing remedies to you in respect of any claims and other issues arising out of or in connection with the agreement between you and the Seller in relation to the Products supplied to you by the ING Good Finds Marketplace.
10. Your obligations
10.1 You must only use the ING Good Finds Marketplace for lawful purposes. You must not use the ING Good Finds Marketplace for any activities, or post or transmit to or via the ING Good Finds Marketplace any information or materials, which:
(1) breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes or our policies (as updated from time to time);
(2) interferes with other users of the ING Good Finds Marketplace, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the ING Good Finds Marketplace;
(3) provides false information when registering or updating your account details;
(4) is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
(5) could result in, or encourage a criminal offence;
(6) transmits or distributes a virus, trojan, worm or post any other material which is malicious and technologically harmful; or
(7) hacks or disables any part of the ING Good Finds Marketplace to corrupt data, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of the ING Good Finds Marketplace.
10.2 To the extent permitted by law, we will not be liable for any loss or damage caused by:
(1) any viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the ING Good Finds Marketplace; or
(2) to your downloading, or copying, of any material posted on it, or on any site linked to it.
11. Privacy and security
11.1 If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. Your order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your order will be cancelled and payment returned, if applicable, using the payment method that you originally paid by. These information requests are sent to help protect credit card holders from online fraud.
11.3 While we take appropriate technical and organisational measures to safeguard any personal information that you provide to us, no transmission over the internet can ever be guaranteed as secure. We cannot guarantee the security of any personal information that you transfer over the internet to us or to any payment provider in connection with the purchase of Products using the ING Good Finds Marketplace.
12.1 The ING Good Finds Marketplace and its content are subject to copyright and other intellectual property rights.
12.2 ING owns (or controls under licence) all intellectual property rights in the ING and ING Good Finds names and the ING Good Finds Marketplace.
12.3 All trademarks, brands and names of Products appearing on the ING Good Finds Marketplace (other than trademarks, brands and names relating to the ING Good Finds Marketplace, us and our Related Bodies Corporate) are the property of their respective owners. Nothing contained on the ING Good Finds Marketplace is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
12.4 Many of the Products offered for sale or advertised and much of the information provided on the ING Good Finds Marketplace are the products, services and information of third parties, including Sellers. These third party products, services and information are not provided by us and the intellectual property in the material and Products belongs to the relevant supplier or a third party. You must ask the relevant third party for consent to use any of their intellectual property rights before any such use.
12.5 You must not in any form or by any means:
(1) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the ING Good Finds Marketplace;
(2) transmit in any form by any process any of the information or material on the ING Good Finds Marketplace without our specific prior written consent;
(3) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the ING Good Finds Marketplace which can be accessed through the ING Good Finds Marketplace; or
(4) use or apply, for commercial purposes any material or information on the ING Good Finds Marketplace, without our prior written consent.
13. We facilitate the ING Good Finds Marketplace
13.1 We provide the ING Good Finds Marketplace to help facilitate transactions that are carried out between you and the Seller. We are neither the buyer nor the seller of the Products.
13.2 We are not a party to any sales transaction between you and the Seller. Accordingly, no contract, arrangement or understanding is formed between us and you in connection with such supply.
13.3 Subject to these Terms and any applicable laws, you acknowledge that the Seller is responsible for the sale of their Products on the ING Good Finds Marketplace.
13.4 ING accepts Product information from Sellers in good faith. While ING may specify certain requirements for Sellers in connection with the listing of Products on the ING Good Finds Marketplace, you acknowledge that ING accepts Product information from Sellers in good faith.
13.5 To the extent permitted by law:
(1) we take no responsibility for the quality, safety or legality of Products advertised on the ING Good Finds Marketplace, or the truth or accuracy of the Sellers’ content or listings; and
(2) listing of Products by Sellers on the ING Good Finds Marketplace does not imply our endorsement of any Products offered for sale on the ING Good Finds Marketplace by the Seller.
13.6 We are not responsible for ensuring the availability of any particular Products.
13.7 You acknowledge that the Seller is responsible for complying with all Australian mandatory safety standards, and any other laws or regulations concerning product safety and as many of the following as may be applicable:
(1) recalling Products in accordance with applicable laws and regulations;
(2) informing customers regarding how to mitigate or manage any actual or potential defect, fault or condition relating to the Product which poses a safety risk to the public; and/or
(3) providing compensation if required by law.
14. Liability and indemnity
14.1 Under the Australian Consumer Law, we are required to provide the following statement to you:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(1) to cancel your service contract with us; and
(2) to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
** Note: References to “our” in the paragraph above are references to products and services provided through the ING Good Finds Marketplace. As set out in these Terms, the Seller is the supplier of all Products.
14.2 The Seller, not us, is responsible for providing you with remedies under the Australian Consumer Law for major and non-major failures in respect of Products.
14.3 You assume all risk of access to or use of all features of the ING Good Finds Marketplace. To the extent permitted by applicable law, you release us from all responsibility for any consequences of such access and use.
14.4 To the extent permitted by law, our liability and the Seller’s liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our or the Seller’s option (as applicable) to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
14.5 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Australian Consumer Law:
(1) we make no representations or warranties of any kind, express or implied as to the operation of the ING Good Finds Marketplace or the information, content, materials or Products available for sale on the ING Good Finds Marketplace;
(2) we are not liable for any costs, damages or other loss in connection with the listing, advertising, sale or purchase of Products using the ING Good Finds Marketplace or your use of the ING Good Finds Marketplace;
(3) the ING Good Finds Marketplace is provided “as is” and we do not make any representations as to the suitability of the ING Good Finds Marketplace or any Product; and
(4) we will not be liable to you for indirect and consequential loss arising from or connected to these Terms in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
14.6 Our liability and the Seller’s liability to you for loss or damage of any kind arising out of these Terms is reduced to the extent that you cause or contribute to the loss or damage.
15. Suspension and termination
15.1 We may, at our discretion, terminate these Terms if we reasonably believe:
(1) you have breached these Terms or committed fraud;
(2) that your breach of these Terms is not capable of remedy;
(3) it is not remedied within the period of time reasonably specified by us; or
(4) we no longer wish to operate the ING Good Finds Marketplace.
15.2 At any time, we may, in our sole discretion, suspend or terminate your access to the ING Good Finds Marketplace without notice for any reason, which may include a breach of these Terms. Suspension or termination will not affect either party’s rights or liabilities under these Terms arising prior to the date of the suspension or termination.
16. Changes to and errors in the ING Good Finds Marketplace
16.1 The ING Good Finds Marketplace has been established on a trial basis. We may suspend, withdraw or restrict the availability of all or any part of the ING Good Finds Marketplace at any time without prior notice to you for any reason.
16.2 We reserve the right to correct any errors, inaccuracies or omissions on the ING Good Finds Marketplace or in any order and to change or update information without prior notice. We reserve the right to not fulfil any orders that you place based on information on the ING Good Finds Marketplace that contains errors or inaccuracies, including without limitation pricing, product descriptions, images, policies, payment term errors and subject to applicable law, we will not be liable to you for any such cancellations or non-fulfilment.
17. General terms
17.1 These Terms are governed by the law of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
17.2 These Terms and any document expressly referred to in these Terms represent the entire agreement between us and you and supersedes any prior agreement, understanding or arrangement between us and you, whether oral or in writing.
17.3 We may change or update these Terms at any time. The latest version of these Terms will be displayed on the ING Good Finds Marketplace at all times. If you continue to use the ING Good Finds Marketplace following any revision to the Terms, you will be deemed to have accepted the revised or updated terms and conditions.
17.4 Our failure to act or delay in acting in relation to a breach of any of these Terms is not a waiver of any of these Terms or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
The following definitions apply to these Terms:
Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday to Friday between the hours of 9.00am to 5.00pm in Sydney, New South Wales, excluding public holidays.
ING means ING Bank (Australia) Limited (ABN 24 000 893 292).
ING Good Finds Marketplace means the ING Good Finds Marketplace which may be accessed online at inggoodfinds.market.
Non-excludable Condition means any implied condition, warranty or guarantee in these Terms, the exclusion of which would contravene the Australian Consumer Law or any other law or cause any part of these Terms to be void.
Related Bodies Corporate has the meaning given to it in the Corporations Act 2001 (Cth).
Seller means a social enterprise that lists and sells Products through the ING Good Finds Marketplace.
We, us, our or ING means ING Bank (Australia) Limited ACN 000 893 292.
You or your means you, as a user of the ING Good Finds Marketplace.