TERMS OF SALE




Stockland Marketplace – Terms and Conditions of Sale
LAST UPDATED: 20 January 2022


Orders


1. Words in these Terms and Conditions of Sale that are capitalised and appear in italics have the meaning set out in the Dictionary at the end of these Terms and Conditions of Sale.


2. As a customer, when you (You) make a purchase through Stockland Marketplace, You are agreeing to enter into a contract to purchase each product shown in Your Shopping Cart (Product) from the vendor shown beside that item in the Shopping Cart (Retailer) for the price shown beside that item and upon the terms set out in these Terms and Conditions of Sale (Order).


3. By submitting an Order, You warrant that You are over the age of 18 years.


4. If there are Products from more than one Retailer in Your Shopping Cart, You are agreeing to enter into a separate Order with each Retailer listed in the [Shopping Cart] to purchase the Products listed beside that Retailer's name in Your Shopping Cart.


5. Each Order will be between You and the relevant Retailer. Stockland is not a party to any Order and does not accept any liability arising out of or in connection with any Order, including in respect of any applicable ACL Statutory Guarantees.


6. All descriptions, and specifications of Products displayed on Stockland Marketplace are provided by the respective Retailers. Stockland relies on Retailers for this information. Stockland gives no warranties, makes or representations and accepts no responsibility or liability for the accuracy of any statement, description, availability, or quality of Products displayed on the Stockland Marketplace, nor the quality, accuracy, merchantability, or fitness for purpose of any Products made available through Stockland Marketplace. If You have any questions or require clarification in relation to a Product, You should contact the Retailer directly before finalising Your Order.

Orders and collection of Products


7. When you make a payment for Your Order, Stockland will send You an email with Your Order confirmation and receipt (Order Confirmation), which will include the names of the Retailer(s) who will be supplying Your Products and details of how and where You can collect those Products.


8. If you selected “Click and Collect”, your Product will be made available for collection from the relevant Retailer’s store. You will be notified by the Retailer once your Product is ready for collection. If You have made an Order for multiple Products from different Retailers, You may receive separate emails and collection times from each Retailer. If You have created a Stockland Marketplace account, You can also check Your Order's status at any time through that account on Stockland Marketplace. To collect Your Order from the Retailer, You must present current photo identification and the Order Confirmation issued in relation to Your purchase. The Retailer may refuse collection of any Products if You cannot or will not satisfy the requirements set out above.


9. It is Your responsibility to ensure that You have entered Your details correctly for each Order, including Your contact details.


10. Title and risk of loss or damage to Products purchased by You shall pass to You:
a. if the Product is delivered to You, upon delivery of the Product; or
b. if you selected “Click and Collect”, upon collection of the Product.


11. If You fail to collect any Product within thirty (30) calendar days of the Retailer notifying You that the Product is available for collection, the Retailer will be entitled, upon giving written notice to You, to store or arrange for storage of the Product, and then risk in the Product shall pass to You. The Retailer may pass on costs and expenses (including storage and insurance charges) to You.


12. The Retailer reserves the right to limit the quantity of Products purchased by You.

Order cancellations


13. The Retailer may cancel an Order if, prior to the Order being dispatched or fulfilled or made available for pick-up by You:
a. You submit a request to cancel the Order in accordance with clause 15 below, and the Retailer, accepts that request; or
b. the Retailer notifies You that the Retailer is unable to fulfil the Order for any reason, including but not limited to, there being insufficient stock: Refunds and Returns
14. You may have a right pursuant to the ACL Statutory Guarantees in certain circumstances to return a Product for a repair, replacement or refund.


15. Requests for refunds, replacements, repair or returns must be made through the following processes: a. if You have created an account on the Stockland Marketplace (Stockland Marketplace Account), you can submit a request by:
i. logging into Your Stockland Marketplace Account;
ii. selecting 'My Account' and viewing 'Purchase History';
iii. selecting 'Return items'; and
iv. following the prompts to submit a request;


16. if You do not have a Stockland Marketplace Account, You can submit a request form through the following link: https://marketplace.stockland.com.au/promo/initiate-a-refund


For further information on the refund and return process, please see the Stockland Marketplace Refund and Return Policy


17. All refund, replacement, repair or return requests should be accompanied by evidence of Your purchase, which may include the original receipt or tax invoice.

Additional Terms and Conditions


18. Your use of the Stockland Marketplace website is governed by the Website Terms of Use.

General


19. If any part of these Terms and Conditions of Sale is determined to be unlawful, void or for any reason or unenforceable then that provision may be severed from these Terms and Conditions of Sale, and it will not affect the validity and enforceability of the remaining provisions.


20. These Terms and Conditions of Sale are governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.


Dictionary


21. Terms in these Terms and Conditions of Sale that are capitalised and in italics have the meanings set out below:
ACL Statutory Guarantee: means a right You may have pursuant to Part 3-2 of the Australian Consumer Law in relation to Products that You have acquired as a Consumer.
Australian Consumer Law: means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory legislation.
Consumer: has the same meaning as in the Australian Consumer Law.
Order: has the meaning set out in clause 2.
Order Confirmation: has the meaning set out in clause 7.
Product: means a good or services as advertised or posted for sale, or sold, by a Retailer on Stockland Marketplace.
Retailer: has the meaning set out in clause 2.
Stockland: means Stockland Corporation Limited, including its related bodies corporate and trusts.
Stockland Marketplace: means the Stockland Marketplace available at https://marketplace.stockland.com.au and any related apps.
Stockland Marketplace Account: has the meaning set out in clause 15.a.
Stockland Marketplace Refund and Return Policy: means the Stockland Marketplace Refund and Return
Policy available through the following link: https://www.stockland.com.au/shopping-centres/terms/marketplacerefundreturnspolicy.
Website Terms of Use: means the Stockland Marketplace Website Terms of Use that govern the use of the
Stockland Marketplace website available at https://www.stockland.com.au/shopping-centres/terms/marketplacewebsiteterms, as updated from time to time.