Terms and Conditions

User Agreement

This document will outline the terms and conditions for Users of the www.GraniteBayExchange.com (GBE.com) services.

1.  Fees and Services

                1.1 Services

                The use of GBE.com implies the Users acceptance of all terms and conditions.

GBE.com is an interactive On-line Auction Venue.  We are not Auctioneers rather we publish items submitted by “Users”.  GBE.com is not involved in the actual transaction between buyers and sellers.

We obviously have no control of the safety, quality or legality of the items advertised.  We assume that the Users list the items in good faith and accuracy.

GBE.com are not responsible that a Buyer and Seller will actually complete the transaction.  GBE.com do not own the items listed – therefore we cannot transfer ownership from the Seller to the Buyer.

The User, after registration will be able to use the services of GraniteBayExchange.com.

GraniteBayExchange.com shall have the discretion to register or deny access to GraniteBayExchange.com users at any time.

GBE.com reserves the right to modify or discontinue any feature of the GBE.com including but not limited to content, systems and hours of availability at any time without the need for prior notice.

In no event is GBE.com liable for any loss or damage including indirect or consequential loss or damage.

                1.2 Fees

At GraniteBayExchange.com we endeavour to give you absolute value for your money, therefore we have a $0 listing fee, allowing you to list your goods for free.  We have what we call a success fee; this means that you only pay fees if and when your items sells giving you a risk free way to sell your goods.  The fee charged is dependent on the final sale price of your goods.

There are also a number of options you may choose to maximize your listings.  Please note that these fees will re-occur when the adverts are automatically re-listed.  Upgrade fees apply whether the items sells or not.  These fees are:

Fees are charged on the first of each month for the previous months activities.  At the beginning of the month you will receive an invoice outlining the fees in which you owe.  You will then have 7 (seven) days to make the payment via the site with either credit card or paypal.  If your account is not settled within 7 days your access to the site may be restricted.

Bidding is free on GraniteBayExchange.com however you must register and accept the fees you may be charged before you are able to list an item on GBE.com.

We reserve the right to change the fees without any prior notice to the user.

Unless otherwise stated al fees will be in US$.  You are responsible for all fees associated with using the services of GraniteBayExchange.com.

2.  Bidding, Buying and Selling

The user agrees to comly with all the terms and conditions hereof.  The right to use GBE.com is agreeable by the User and not transferable.

Registration and Bidding is free on GBE.com however you must register before you are able to Bid on or Sell items.

If contact is made with a potential buyer of your item through GBE.com, the sale therefore belongs to GBE.com.  If auctions are closed and sales made personally with other GBE.com Members, your membership will be terminated.

As a seller you are obliged to sell the item to the winning Bidder for the price as stated at the end of the auction.

As a Buyer, you are committed to buy the item from the Seller at the price stated at the end of the Auction. (if you are the winning bidder)

While it is the seller that should not offer broken or faulty goods for sale, GBE.com will monitor the listings to decrease the chance of any such products being listed.  Consumers also need to be careful when purchasing secondhand products.

To increase the price that your used items could sell for, always include where possible any original packaging, tags, instructions, warranties and warnings.

3.        Listings

The “free until sold” policy is available to all members of GBE.com.  If upgrades are chosen such as the options detailed in Fees 1.2 then the chosen fees will be applied to your account before the item is sold.

Because of the “free until sold” we request that no other websites or URLS email addresses or phone numbers  be contained within the listing.  The only website addresses permitted within your listings are those leading to further information on the item you have listed.  No links to other external websites that sell the same or similar items or have shopping carts are permitted.  If listings are found to have such external links, they will be removed without notice to the member.

Listings need to have accurate prices.  A greatly reduced price or “free” on your item in an attempt to gather leads is not permitted.  These listings will be removed.

4.        Liability

You will not hold GBE.co responsible for other users’ content, actions or inactions, or items they list.  You acknowledge that we are not a traditional auctioneer.  Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues such as stores, fixed price formats and auction-style formats.  We are not involved in the actual transaction between the buyers and sellers.  We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code 2401(2) and Uniform Commercial Code 2-401(2) under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.  Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code 2401(2) and Uniform Commercial code 2-401(2).  Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control.  Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.  We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. 

5.        Release

If you have a dispute with one or more users, you release GBE.com from claims, demands and damages (actual and consequential) of every kind and nature, know and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

6.        Confidentiality

The user is responsible for the confidentiality of his or her User Name and Passwords.

The user is responsible for any activity in their account.  Any suspected fraudulent activity must be reported immediately to postmaster@granitebayexchange.com.

7.        Privacy Policy

Privacy policy statement; This is the website for GraniteBayExchange.com. We can be reached via email at postmaster@granitebayexchange.com.  At no time will your information ever be shared or sold.  For each visitor our web server automatically recognizes information regarding the ip address for security purposes.  We collect information volunteered by the consumer, such as survey information and/or site regulations.  If you do not wish to receive email from us in the future, please let us know by sending us an email.  From time to time, we may use information for new unanticipated uses not previously disclosed in our Privacy Policy.  If our information practices change at any time in the future we will post the Policy changes to our website to notify you of these changes and provide you with the ability to opt out of these new uses.  If you are concerned with how your information is used, you should check back at our website periodically.

8.        Intellectual Property

All intellectual property including Trademarks, Logos and Domains are the exclusive rights to GraniteBayExchange.com.  The User does not acquire the right to reproduce, distribute or transform any of the intellectual property.  All rights reserved.

9.        Permitted Uses

The User shall use the site for Lawful purposes.