Terms and Conditions
1. About Curated Shop
Curated Shop is operated by Curated Auctions Pty Ltd and offers new, second-hand, vintage, collectible and other goods for sale at fixed prices.
Goods offered through Curated Shop may be owned by Curated Auctions Pty Ltd or offered for sale on behalf of third-party vendors.
Curated Shop is separate from the auction process operated by Curated Auctions. Products purchased through Curated Shop are sold at the advertised fixed price and no buyer’s premium applies unless expressly stated otherwise on the product listing.
2. Product Descriptions and Condition
Many products offered through Curated Shop are second-hand, vintage, antique, collectible or pre-owned.
Every reasonable effort is made to accurately describe the condition, age, characteristics and known faults of an item.
Photographs form part of the product description and buyers should carefully review all photographs and information before purchasing.
The condition reasonably expected of second-hand or vintage goods may differ from that expected of equivalent new goods.
Nothing in these Terms excludes any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
3. Prices
All products are offered at the price displayed on the Curated Shop website at the time of purchase.
There is no auction buyer’s premium added to Curated Shop purchases unless expressly stated otherwise.
Where GST is applicable, it will be dealt with in accordance with Australian taxation requirements.
Curated Shop reserves the right to correct genuine pricing, listing or data-entry errors. Where an error affects an order already placed, the purchaser will be contacted before the transaction is completed.
4. Orders and Formation of Sale
Placing an order through Curated Shop constitutes an offer by the purchaser to buy the selected goods subject to these Terms & Conditions.
An order is subject to availability and acceptance by Curated Shop.
Where a unique or one-off item has inadvertently been sold, reserved or made unavailable before an order can be fulfilled, Curated Shop may cancel the affected order and refund any amount already paid.
5. Payment
Payment must be made using one of the payment methods made available at checkout or otherwise approved by Curated Shop.
Where payment is made by bank transfer, the purchaser should use the order number or other requested reference when making payment.
Goods will not ordinarily be released or dispatched until cleared payment has been received.
6. Collection
Where Local Pickup is selected, purchasers are responsible for collecting their goods from the nominated collection location within the timeframe communicated by Curated Shop.
Purchasers should not attend for collection until payment and collection arrangements have been confirmed.
Identification or proof of purchase may be requested before goods are released.
7. Shipping and Delivery
Where shipping is available, applicable shipping arrangements and costs will be communicated to the purchaser.
Large, fragile, unusual or high-value items may require separately arranged freight or collection.
Delivery estimates are indicative only and may be affected by carriers and circumstances outside Curated Shop’s reasonable control.
8. Risk and Ownership
Ownership of goods passes to the purchaser once full cleared payment has been received and the goods have been released to the purchaser or their authorised representative, subject to any rights arising under applicable law.
Risk in goods generally passes upon collection by the purchaser or their representative, or upon delivery where Curated Shop has arranged delivery, subject to applicable law.
9. Returns, Refunds and Australian Consumer Law
Purchases from Curated Shop are subject to the Australian Consumer Law where applicable.
Goods sold by a business come with consumer guarantees that cannot be excluded by these Terms & Conditions. Depending on the circumstances and whether a failure is major or minor, available remedies may include repair, replacement, refund or compensation.
Curated Shop does not ordinarily provide refunds or exchanges for change of mind, including where a purchaser simply decides they no longer want an item, selected the wrong item or subsequently finds an alternative product. Australian Consumer Law does not generally require a business to provide a remedy for a simple change of mind.
This change-of-mind policy does not limit a purchaser’s rights where goods are faulty, unsafe, materially different from their description or otherwise fail to satisfy an applicable consumer guarantee.
10. Second-Hand and Vintage Goods
Purchasers acknowledge that second-hand, vintage and antique goods may display signs of previous use, age, wear, repair, restoration, fading, marks, scratches or other characteristics consistent with their age and history.
Known significant defects will be disclosed where reasonably identifiable.
A defect or characteristic specifically disclosed to a purchaser before purchase will be taken into account when assessing the condition of the item and the purchaser’s rights.
11. Electrical Items
Unless specifically stated otherwise, second-hand electrical goods should be inspected for safe operation before use.
Purchasers should follow any safety instructions supplied with the item and, where appropriate, have older or second-hand electrical equipment checked by a suitably qualified person before use.
Nothing in this provision excludes applicable product-safety requirements or consumer guarantees. Queensland guidance specifically notes that mandatory safety standards can also apply to second-hand goods.
12. Authenticity, Attribution and Provenance
Curated Shop may rely upon information supplied by vendors, manufacturers, certificates of authenticity, packaging, expert opinions, provenance documentation and reasonable visual inspection when preparing product descriptions.
Descriptions are prepared in good faith.
Unless expressly guaranteed in writing, opinions concerning age, attribution, provenance, grading, rarity or value should be treated as part of the information reasonably available when the product was listed.
If a purchaser believes an item has been materially misdescribed or is not authentic, the purchaser should notify Curated Shop promptly and provide supporting information reasonably available to them.
Curated Shop may inspect the item and seek independent expert advice before determining the appropriate response.
Nothing in this section limits any right or remedy available under the Australian Consumer Law.
This adapts the useful authenticity provisions from your existing Curated Auctions terms without carrying across the auction-specific limitation language.
13. Third-Party Vendor Goods
Some products sold through Curated Shop may be supplied by third-party vendors.
Curated Shop may act as an intermediary in facilitating the sale of those goods.
Regardless of the ownership or consignment arrangement behind a listing, nothing in these Terms is intended to exclude any obligation Curated Shop has to a purchaser under applicable consumer law.
14. Uncollected Goods
Purchasers must collect goods within the agreed collection period.
Where goods remain uncollected, Curated Shop may contact the purchaser and require collection within a further reasonable period.
Long-term storage, disposal or other action concerning uncollected goods will be handled in accordance with applicable law.
15. Cancellation and Non-Payment
If an order is not paid within the specified payment period, Curated Shop may cancel the order and return the product to sale.
If a purchaser is experiencing difficulty completing payment, they should contact Curated Shop as soon as possible.
16. Website and Technical Availability
Curated Shop takes reasonable steps to maintain the availability and accuracy of its website.
However, temporary outages, software errors, internet failures, incorrect stock displays or other technical problems may occur.
Where a technical error materially affects an order, Curated Shop will take reasonable steps to correct the issue and contact the affected purchaser.
17. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded under Australian law.
To the extent permitted by law, Curated Shop is not responsible for losses arising from circumstances outside its reasonable control.
Any limitation contained in these Terms operates only to the extent permitted by applicable law.
That qualification is important because the ACCC states that businesses cannot use contractual terms to remove consumers’ basic consumer-guarantee rights, including rights concerning reasonably foreseeable loss arising from a failure to meet those guarantees.
18. Privacy
Personal information supplied when placing an order is collected and used for purposes including processing purchases, communicating with purchasers, arranging payment, collection or delivery, maintaining business records and complying with legal obligations.
Personal information will be handled in accordance with Curated Shop’s Privacy Policy and applicable privacy laws.
19. Changes to These Terms
Curated Shop may update these Terms & Conditions from time to time.
The Terms applying to a purchase will generally be those published on the website when the purchaser places their order, subject to applicable law.
20. Governing Law
These Terms & Conditions are governed by the laws of Queensland, Australia.
Any dispute will be dealt with under the applicable laws and jurisdiction of Queensland, subject to any rights a purchaser has under Australian consumer or other applicable law.
21. Acceptance
By placing an order through Curated Shop, the purchaser acknowledges that they have had the opportunity to review these Terms & Conditions and agrees to be bound by them, subject always to rights that cannot legally be excluded.