Code of conduct
This code sets out principles and behaviours that the Equine Trader Community reasonably expects of buyers and sellers participating in online auctions.
The Community expects buyers and sellers to:
Conduct themselves honestly and in good faith at all times.
Comply with all laws, including sale of goods and intellectual property laws.
Comply with Equine Trader 's terms and conditions.
Sellers agree to:
Describe items accurately and answer questions promptly.
Respond to questions as soon as possible
Ensure items are sent as soon as possible after receiving payment unless otherwise indicated in the listing or agreed by the parties.
Charge only fair and reasonable amounts for postage and provide details of these costs in listings.
Not subsequently spam previous buyers.
Buyers agree to:
Respond to emails as soon as possible,
Pay for purchases as soon as possible
Not subsequently spam previous sellers.
Professional traders (sellers 'in trade') agree to:
Comply with all relevant laws, including the Fair Trading Act 1986 and its regulations, and the
Consumer Guarantees Act 1993.
Disclose that they are selling in trade.
Ensure goods are of acceptable quality, safe and durable, and draw attention to any defects.
Ensure goods are fit for purpose
Act responsibly and promptly to fix product faults within a reasonable time (other than those caused by unreasonable use) or offer a replacement or refund.
Ensure delivery terms are clear and can be met eg. include postage costs, tax, fees and estimated delivery times.
TERMS AND CONDITIONS
Welcome to Equine Trader, New Zealand's online equestrian trading community. These terms and conditions are intended to help keep Equine Trader a safer place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Equine Trader offers you access to the site. By registering as a member of Equine Trader you accept these terms and conditions. If you do not accept these terms and conditions, you must not use the trading services.
1.2 Amendment of terms and conditions: Equine Trader may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the site represents your agreement to the current terms and conditions.
1.3 Equine Trader is wholly owned by Turners Systems Ltd and operated by Turner Media Ltd.
These terms and conditions were last updated 1 July 2014.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
'auctions' include listings with a 'buy now' only price;
'item', 'items' means goods or property that may be bought or sold through the auction or classified process;
'member' means a registered member of Equine Trader;
'Services' means any one or more of the services offered by Equine Trader Limited or Equine Trader's wholly owned subsidiaries, from time to time, including online auctions, classifieds and any other service that Equine Trader may offer;
'we', 'us' and 'our' are a reference to Equine Trader;
'you' and 'your' are a reference to you;
'Site' means the Equine Trader site through which the services are offered;
'listing' means a listing on the site through which you offer, negotiate, buy, sell or advertise any item, service or job, whether by auction or classified;
'seller' includes any person placing a listing.
2. SPECIFIC WARNINGS
2.1 The Services: Equine Trader provides a venue for members who want to buy and sell items or to advertise and find jobs. Equine Trader does not take any part in the sale of items other than by providing our site as a service for members. If a bid or offer is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for the parties and do not participate in any sale or transaction between you and other members. Equine Trader is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise).
Equine Trader also provides a Directory where members can be connected with vendors, trades people and service providers. Equine Trader does not take any part in discussions between Directory advertisers and members other than by providing our site as a service for members and forwarding queries. If a bid or offer is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for the parties and do not participate in any sale or transaction between you and other members.
The Equine Trader directory is published solely for use by customers, prospective customers or users of services to contact or make enquiries at listed companies. You may not use the directory to contact a listed company in order to sell them, or introduce them to, products or services.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Equine Trader takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Equine Trader gives no undertakings, representations, or warranties in relation to items sold or listed on the site, or goods and/or services advertised or offered through the Directory including:
a. about ownership of any item;
b. as to the accuracy of listings;
c. that any item or service listed will meet your requirements or expectations; or
d. about the ability of members to complete a transaction
2.3 Disclaimer: You understand and agree that:
a. your use of the service is at your sole risk. The site is provided on an "as is" and "as available" basis. To the extent permitted by law and without limiting clause 2.2, Equine Trader disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
b. where services are offered in the Directory, Equine Trader disclaims and excludes liability for any guarantees that a service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a service;
c. Equine Trader does not warrant that i) the service provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the site is error-free or reliable;
d. no advice or information that is obtained by you from Equine Trader or anyone else shall create any warranty by Equine Trader that is not stated in the terms and conditions; and
e. responsibility for the content of advertisements appearing on this site (including hyperlinks to advertisers' own websites) rests with the advertisers. Each advertiser is solely responsible for any representation made in connection with its advertisement.
f. responsibility for any refund rests with the seller.
g. Equine Trader is not responsible for protecting members from fraud.
2.4 Liability: You agree that, to the extent permitted by law, any and all liability and responsibility of Equine Trader to you or any other person under or in connection with these terms and conditions, or in connection with the services, this site, another Member's acts or omissions, or your use of or inability to use, the services or this site, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Equine Trader's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the services.
2.6 Breach: Without limiting any other rights and remedies available to Equine Trader, Equine Trader may limit your activities on the site, remove your listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where Equine Trader considers it appropriate.
3. BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in New Zealand or Australia (unless specifically authorised by us) and can form a legally binding contract that is enforceable against you.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Equine Trader to ensure it is kept current at all times. Equine Trader may contact you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, you may create a business membership in addition to your personal membership.
3.3 Termination of membership: Equine Trader reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting this, Equine Trader may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new Equine Trader memberships. You may at any time end your Equine Trader membership. If you end your membership, or if it is terminated by Equine Trader, your ability to use the Equine Trader site will end.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
a. not to permit any other person to use your user name or membership; and
b. not to disclose, or provide to any other person information in connection with your membership that may allow them to gain access to your member account.
3.5 Emails and newsletters: Equine Trader will send you emails relating to your membership, transactions and other activities on the site, and for promoting and marketing Equine Trader advertisers’ products and services to you. Equine Trader may also send regular electronic newsletters to you. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
4. GENERAL RULES
a. All listings, bids or communications made through Equine Trader shall be made in good faith.
b. You must not damage, interfere with or harm the site or services, or any network, or system underlying or connected to them, or attempt to do so.
c. You may not use a robot, spider, scraper or other unauthorised automated means to access the site or information featured on it for any purpose.
d. You may list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, and in your member profile.
e. You must list classifieds and auctions in New Zealand dollars and include GST in the price (except when listing commercial property for lease, which excludes GST). All tax obligations are the responsibility of the seller and/or the buyer.
f. Contracts for the sale of land must be in writing to be legally enforceable.
g. You are responsible for any actions taken through your membership. Equine Trader memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from Equine Trader.
4.2 Your obligations as a seller
a. Sellers must be located in New Zealand or Australia. Sellers outside of these countries are not permitted to sell on Equine Trader, unless specifically authorised by Equine Trader. Sellers located outside New Zealand must offer the
b. You may only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, delivery methods and who pays the cost of shipment. You must list an item in the most appropriate category for your item. If your item is likely to attract customs duty for buyers in New Zealand, you must ensure that this is clearly indicated in your listing.
c. You may only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where Equine Trader has approved otherwise. In the case of motor vehicles, you must hold clear authority to sell such vehicles before being able to list them. Any land listed for sale must be in New Zealand.
d. All listings must comply with New Zealand law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(d). You agree that Equine Trader may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time.
e. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
f. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
g. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Equine Trader listings to promote a business or website other than one for sale in your listing.
h. You must not use the services or the site to sell items that are of a speculative nature including, but not limited to, pyramid or similar schemes.
i. You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.
j. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
k. For classifieds, you may choose to sell to any buyer at your discretion.
l. Adult content may be removed.
m. A selection of listings are screened for content. Equine Trader reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
n. You agree to your email address being provided to the buyer when your auction closes.
o. You must promptly forward the listed item to the successful buyer on completion of the transaction.
p. You must not charge unreasonable amounts for delivery and packaging costs.
q. The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. When listing these items for sale, you must include within your listing, the New Zealand classification rating and information on the classification label.
r. The sale of firearms and ammunition remotely on Equine Trader is within the provisions of section 43A of the Arms Act 1983. It is an offence to sell by mail order a firearm or any ammunition for a firearm otherwise than pursuant to a written order signed by the purchaser and bearing an endorsement signed by a member of the Police stating that the member of Police has inspected the purchaser's firearms licence and is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition. Sellers must sight the firearms licence of the buyer, or for remote sales must receive written confirmation signed by Police confirming the buyer holds a valid firearms licence. Forms are available at any police station.
You may only list "A" category firearms, in sporting configuration, as defined by the Arms Act 1983. You may not sell firearms that require additional license endorsements to purchase or large capacity magazines.
You may only sell firearms that are already in New Zealand. Overseas members may not buy or sell firearms on the site. Only one firearm may be advertised per listing.
s. If you're a motor vehicle trader selling a car online by auction, you must attach to the motor vehicle, a Consumer Information Notice (CIN), in a prominent position on your listing (e.g., through a clear photo) and provide the CIN to the successful buyer.
If you sell six or more vehicles in a year, you are likely to be a motor vehicle trader and must be registered.
Regardless of whether you are a motor vehicle trader or not, if you are selling a car on Equine Trader, you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest, and you must disclose in the listing whether there is any security interest over the vehicle.
t. To help maintain quality listings, Equine Trader reserves the right to suspend sellers who do not conform to the above terms.
4.3 Your obligations as a buyer
a. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
b. If you are notified that your bid has been successful, you must complete the transaction. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
c. You must make full and prompt payment for any item you buy.
d. You agree to your username and the amount of your auction bid being publicly shown on the Equine Trader site. You also agree to your email and delivery address being provided to the seller when you win an auction, and to your email address and username being provided if you send an email through a classified.
e. If your bid is successful and you do not pay for the item, you will receive a warning from Equine Trader if the seller complains about you. After such a complaints, Equine Trader may suspend or terminate your membership.
f. You may not bid on an auction that has been listed by any member personally known to you, in order to raise the price of that auction.
5. FEES AND ACCOUNTS
5.1 Equine Trader Listing Fees and Success Fees
a. Equine Trader does not charge fees for classified or auctions listings on the site.
b. Members may credit their member accounts in order to use enhanced features on their listings. Credits on accounts with Equine Trader are not transferable between members.
c. Equine Trader reserves the right to change the fees charged for any of our services at any time.
d. If you are a New Zealand resident, then any fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST.
5.2 Equine Trader Accounts
a. Equine Trader maintains credit accounts for each member and from which members must pay fees for enhanced listing features.
b. Equine Trader acknowledges and declares that all Member Account amounts deposited are held on trust for members, such that each member has the right to a proportion of the separate bank account equal to the face value of his or her Equine Trader account.
c. You must settle any negative account balance immediately. Equine Trader reserves the right to take action against you, including (without limitation) deducting any amount owed by you from the credit balance of any account operated by you, to recover outstanding debts. You are liable for all expenses (including legal fees) that Equine Trader incurs when collecting that debt.
d. If your membership is terminated Equine Trader will refund the balance of your credit account, less a $5 manual processing fee that is payable to Equine Trader. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of Equine Trader credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
e. If you have not logged on to the Website for a period of 12 months, any unused balance on your account is forfeited to Equine Trader.
f. Equine Trader will ensure that, at all reasonable times, an electronic statement is available to you (on your Member Account page)
6. GENERAL PROVISIONS
6.1 System Integrity: Equine Trader will use its reasonable endeavours to ensure the availability of the site and services, subject to any downtime required for maintenance. However, Equine Trader takes no responsibility for any system unavailability, or for any loss that is incurred as a result of site or services being unavailable. Further, Equine Trader assumes no responsibility for the corruption of any data or information held by Equine Trader.
6.2 Resolution of disputes: As Equine Trader is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Equine Trader in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.
6.3 Equine Trader Forum: Equine Trader provide a Forum for the use of Equine Trader members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. Equine Trader is not responsible for any of the opinions expressed in the Forum. By posting a message to the Forum you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
6.4 Force Majeure: Equine Trader has no liability for any lack of performance, unavailability or failure of the services or the site, or for any failure of Equine Trader to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Equine Trader.
6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
6.8 Intellectual Property Rights: Equine Trader (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the site.
a. You may not without our prior written permission, in any form or by any means:
i. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this site; or
ii. Commercialise, copy, or on-sell any information, or items obtained from any part of this site.
6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
6.10 Privacy: Equine Trader collects personal information about you through your use of the services and the site, including:
• your registration details; and
• information relating to your use of the site and the content you access.
You agree that Equine Trader may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Equine Trader Limited, our users, or others, for promoting and marketing other Equine Trader products and services to you, and for any other use that you authorise.
We will not sell or allow third parties to access your private personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Equine Trader Limited, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry of Business, Innovation and Employment. You may contact Equine Trader to ask whether information has been provided to government agencies.
If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, Equine Trader may release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting the Disputes Tribunal.