Terms and Conditions

1. OUR SERVICES

A Seller owns an item or has lawful authority to sell it. An OnSeller is the person selected by the Seller to advertise and arrange its sale in return for commission. A buyer purchases the item and may use a payment link without creating an OnSell account.

OnSell provides the platform, transaction administration and support. The Seller is the owner selling the item; the selected OnSeller acts within the Seller's authority. OnSell does not take ownership of the item merely by hosting a listing or administering payment. Each participant remains responsible for their own conduct and obligations, and OnSell remains responsible for its own Services.

The Seller authorises the selected OnSeller to advertise and arrange a sale when the Seller accepts that OnSeller's offer, subject to the accepted minimum price and pricing rules. Any confirmation or cancellation steps shown in the app must be followed. This authority does not permit the OnSeller to change the Seller's agreed minimum without approval, promise undisclosed warranties or use the Seller's information for unrelated purposes. Authority ends when the arrangement is completed or validly cancelled; outstanding payment, refund and legal obligations remain.

The current service supports local pickup in supported Melbourne areas. Availability depends on the listing and service coverage. Shipping and delivery are not part of the current service. The item normally remains with the Seller until buyer pickup.

If you act as a business, identify that status and comply with applicable tax, licensing, second-hand dealing, product safety and recordkeeping requirements. These Terms do not establish that every OnSeller is licensed or exempt from licensing.

2. INTELLECTUAL PROPERTY RIGHTS

OnSell and its licensors retain rights in the platform software, designs, databases, logos and other platform materials. Users retain ownership of their own photographs, descriptions and other contributions.

We grant you a limited, non-exclusive licence to use the Services for their intended purpose, including authorised resale, commission earning and advertising a listing you are authorised to promote. You may use the platform's export or sharing functions for that purpose. This permission does not allow copying our software, harvesting our database, taking other users' content or using our branding to suggest an endorsement we have not given.

For uses outside this permission, contact support@onsell.com.au. Do not remove applicable ownership notices.

3. USER REPRESENTATIONS

You confirm you are at least 18, legally able to enter the transaction and authorised to act for any owner or organisation you represent. You must provide accurate material information and update it when necessary.

Sellers must own the item or have the owner's authority, have the right to sell it, disclose known faults and relevant restrictions, and provide accurate photographs and descriptions. OnSellers must accurately advertise the item, disclose known faults, and have a reasonable basis for statements about condition, function, provenance or authenticity. No participant must conceal a known problem or invent a claim.

You must comply with these Terms, the Acceptable Use Policy and applicable law. We may reasonably request information needed to verify an account, authority, item or transaction. Restrictions are handled under sections 14 and 17.

4. USER REGISTRATION

Keep account credentials secure and do not sell or transfer your account. Tell support promptly if you suspect compromise or unauthorised use. You are responsible for your own account activity and reasonable credential protection; this does not make you automatically responsible for activity caused by OnSell's fault or for every unauthorised action regardless of circumstances.

Guest buyers do not need an account, but must provide accurate contact information needed for payment, receipts, pickup and support.

5. PRODUCTS

Items are usually second-hand. Their condition, age, known faults and pickup location should be accurately described. Sellers must not offer unavailable, stolen, counterfeit, recalled, banned or otherwise unlawful items. Applicable safety and mandatory product standards must be met.

The minimum sale price in an accepted offer is the item's sale price before deductions, not a guaranteed net payout. The app shows the estimated Seller earnings at that price together with the applicable commission and fee breakdown. Estimates depend on the final sale price and the agreed pricing rules.

An OnSeller must sell at or above the accepted minimum unless the Seller authorises a lower minimum through the available process. A higher sale price is used to calculate the applicable price bracket, Seller earnings, OnSeller commission and platform fee under the pricing rules agreed for that transaction.

The Seller must keep the item safe, preserve its disclosed condition and make it available for arranged pickup. Report loss, damage, unavailability or a material description change before payment or handover. A listing or payment link is not permission to sell the same item twice.

6. PURCHASES AND PAYMENT

An OnSeller arranges the external advertising and buyer communication and creates an OnSell payment link for the agreed item and sale price. The buyer must check the item details, total payable, pickup arrangements and applicable Terms before paying. Transactions arranged under an accepted OnSell offer must use the agreed OnSell payment process; external advertising is permitted.

Payments are processed through Stripe. Payment-provider verification and processing requirements may apply. Never send full card details or security codes through listing, information-request or support channels.

The applicable commission, platform fees, price brackets and estimated earnings are disclosed in the app before agreement. The applicable pricing rules are those disclosed for your transaction. Accepted offers retain their agreed pricing rules; the final dollar amounts can change with the actual sale price. Changes to pricing for new transactions do not retrospectively change an accepted deal without the affected parties' agreement.

OnSell is not currently registered for GST and does not currently add GST to its own platform fee. This does not determine a Seller's or OnSeller's tax obligations. Each participant is responsible for their own tax position. Any future change in OnSell's tax treatment must be reflected in prospective pricing and transaction disclosures.

Successful payment does not itself release Seller earnings or OnSeller commission. The buyer must inspect the item at pickup before sharing the pickup code. If the item is materially different from the description or there is another problem, do not share the code; contact support. The Seller enters the code in the app after inspection and at handover. Do not request, share or enter a code early or use it to record a handover that has not occurred.

Successful code verification marks completion and triggers release of Seller earnings and OnSeller commission through the payment process. Release, transfer and arrival in a bank account are separate events. Bank receipt may take longer and may be affected by verification requirements, processing, disputes or lawful restrictions. No instant bank payout is guaranteed. Pickup-code verification does not waive legal rights.

Arrange collection between the buyer and Seller. There is currently no universal collection deadline or automatic non-collection forfeiture. If collection is delayed or unsuccessful, contact support. A Seller may ask support to cancel a paid sale that has not been collected. The Seller must not resell the item while the paid transaction is unresolved.

If duplicate payment, a refund, a chargeback or a suspected fraudulent transaction occurs, contact support. We may seek relevant information and manage disputed funds as required by applicable law and the payment provider. An issue does not automatically make every participant liable for all losses or permit unrelated deductions.

7. RETURN POLICY

OnSell does not offer a general change-of-mind return entitlement. This does not limit applicable consumer guarantees, contractual rights or other non-excludable remedies.

To report a problem, email support@onsell.com.au with the item or transaction reference, what occurred and relevant evidence. Report problems before sharing the pickup code where possible, but code entry does not prevent a valid later claim. Support reviews the issue and may request information from the buyer, Seller and OnSeller.

If support cancels a paid sale because the buyer has not collected, the buyer receives a full refund of the amount paid for that transaction. No Seller earnings or OnSeller commission are paid for that cancelled sale, and no platform deduction reduces that buyer refund. Refund initiation and bank receipt are separate; processing time depends on the payment provider and bank.

Support also handles unavailable items, failed handover, material misdescription and other disputes. The remedy depends on the facts, the agreement and applicable law. A refund or dispute affecting an already completed transaction is handled on that basis, rather than through an automatic blanket clawback from unrelated funds.

Private one-off sales and sales in trade or commerce can attract different legal protections. The applicable rights depend on the actual transaction; describing a participant as a private seller does not decide the issue. OnSell's own service obligations remain. Support does not replace your right to seek a remedy from a relevant supplier, regulator, court or tribunal.

8. PROHIBITED ACTIVITIES

Do not engage in fraud, impersonation, fabricated listings or reviews, harassment, threats, unlawful discrimination, misleading statements, malicious code, unauthorised scraping or access, security circumvention, spam, misuse of personal information or infringement of others' rights.

Do not bypass the agreed OnSell payment and fee process for an accepted OnSell transaction, falsely mark pickup complete or misuse verification codes. Authorised external listing promotion, legitimate commission earning, truthful criticism and good-faith reports are permitted.

9. USER GENERATED CONTRIBUTIONS

Contributions include listings, photographs, information-request responses and reviews. Provide only material you have the right to use and share. Do not expose another person's private information unnecessarily, upload unlawful material or make misleading claims.

Public listings and reviews may be visible to other users and, where authorised, external audiences. Private support records, payment details and verification information are not made public merely because you use the Services. Their handling is described in the Privacy Policy.

10. CONTRIBUTION LICENSE

You give OnSell a non-exclusive licence to host, store, reproduce, format and display your contributions as reasonably needed to operate the Services and promote the relevant authorised listing. Selected OnSellers may use the authorised listing materials to advertise that item externally. This is not an unrestricted licence to commercialise private messages, personal identity or unrelated content.

The licence continues while the content is used for its relevant service purpose, and as necessary for lawful transaction, dispute and retention obligations. We will not use a private photograph or personal testimonial for an unrelated campaign without separate permission. You retain ownership; no blanket moral-rights waiver applies.

You permit us to use voluntary feedback to improve the Services without acquiring ownership of every question or support message.

11. GUIDELINES FOR REVIEWS

Reviews must reflect firsthand experience and be honest. Do not fabricate reviews, manipulate ratings, threaten someone to obtain a review or conceal a material incentive or conflict. Lawful criticism and reporting suspected wrongdoing are allowed. We may remove reviews that breach these objective rules and provide a review route under section 14.

12. MOBILE APPLICATION LICENSE

We grant a limited, non-exclusive, non-transferable licence to install and use the app on a device you own or control for the Services' intended purposes. Do not copy, resell, reverse engineer or circumvent the app except where applicable law permits. Any applicable app-store terms also apply to distribution and device use. An app store is not the Seller of a listed item merely because it distributes the app.

13. THIRD-PARTY WEBSITES AND CONTENT

External marketplaces, websites and payment providers have their own terms and policies. OnSellers must comply with the rules of any marketplace used for advertising. OnSell does not guarantee third-party content or service availability and does not endorse every external listing or link. This does not exclude responsibility for OnSell's own conduct or non-excludable obligations.

14. SERVICES MANAGEMENT

We may review reports, request corrections, remove prohibited content and restrict access where reasonably needed for safety, fraud prevention, legal compliance or serious or repeated breaches. The response should be proportionate to the issue. Immediate restriction may be necessary for urgent risks.

Where lawful and practicable, we will explain a material restriction and allow you to ask support for review. Honest complaints are not themselves a breach. Restrictions do not automatically forfeit transaction funds or defeat refund rights. We will address open transactions and support access when taking action.

15. PRIVACY POLICY

Our Privacy Policy explains information collection, payment and verification data, participant visibility, service providers, tracking, retention and privacy requests. Please read it alongside these Terms. These Terms do not assert that every provider or every copy of data is in Australia or treat use of the Services as a waiver of privacy rights.

AI description assistance is optional. If you choose it, three item photographs are sent to a third-party AI service to suggest a description. We do not send your account details as inputs to this feature, but anything visible within the photographs is included. Processing may occur outside Australia and provider retention may apply as explained in our Privacy Policy.

Only use photographs you have permission to share. Remove unnecessary personal or sensitive information before requesting assistance. Review and correct the generated wording before publishing, disclose known faults and ensure any claims have a reasonable basis. AI output is not a guarantee of authenticity, condition, value or safety. You can write your own description instead. Nothing in this clause excludes non-excludable legal rights.

16. COPYRIGHT INFRINGEMENTS

Report suspected infringement to support@onsell.com.au with the affected material, your contact details, the rights involved and why you believe infringement occurred. We may request clarification and take proportionate action. Do not knowingly submit false reports. Reporting does not require you to surrender other legal remedies.

17. TERM AND TERMINATION

These Terms apply while you use the Services and to outstanding transactions. You may request account closure through the available app process or support. Closure does not cancel a paid transaction, extinguish a valid claim or erase records that must lawfully be retained.

We may suspend or end access for a serious or repeated breach or a genuine safety, fraud or legal reason using the proportionate process in section 14. We will reasonably address open sales, held funds, refunds and records. Clauses needed to resolve those matters survive closure. We do not claim a right to terminate for any reason and keep all funds regardless of circumstances.

18. MODIFICATIONS AND INTERRUPTIONS

We may maintain and improve the Services. We will give reasonable advance notice of material changes that affect ongoing use, with shorter notice where a legal or urgent security issue requires it. If a change materially disadvantages you, you may stop using the Services for new transactions and contact support about affected open transactions.

Changes do not retrospectively alter an accepted transaction's pricing rules or remove accrued legal rights. We will take reasonable steps to minimise disruption and address affected payments and transactions if a service is discontinued. Continuous availability is not guaranteed.

19. GOVERNING LAW

These Terms are governed by Victorian law and applicable Commonwealth law. Applicable mandatory protections in another jurisdiction are not excluded.

20. DISPUTE RESOLUTION

Contact support@onsell.com.au first where practical so we can try to resolve a dispute. Provide the transaction reference and relevant information. This does not require you to delay urgent relief or a statutory remedy.

Unresolved disputes may be brought before a court or tribunal with jurisdiction. There is no mandatory overseas arbitration requirement or blanket waiver of class or representative proceedings in these Terms.

21. CORRECTIONS

We may correct errors in platform information. If a correction affects an accepted or paid transaction, we will inform affected participants and address it fairly through agreement or an appropriate cancellation or remedy. We do not use an error-correction clause to silently change an agreed deal.

22. DISCLAIMER

Listing information is supplied by participants and may describe used goods with disclosed wear or faults. OnSell does not guarantee every item's authenticity, condition or suitability and does not provide a universal inspection service. Users must make accurate disclosures and buyers should inspect before handover.

These qualifications do not exclude OnSell's own contractual duties, liability for its own misleading conduct or non-excludable legal obligations. AI-assisted content must be checked by the user who publishes it and is not an authenticity or safety certificate.

23. LIMITATIONS OF LIABILITY

Nothing limits liability or rights that cannot lawfully be limited, including applicable consumer guarantees. Each party's responsibility is determined by applicable law and the circumstances, including causation, reasonable mitigation and any contribution to the loss.

We do not assume responsibility for a participant's independent conduct merely because it occurred through a listing, but remain responsible for our own acts and omissions. These Terms do not impose a fixed monetary liability cap or a blanket exclusion of direct loss, personal injury or security failure.

24. INDEMNIFICATION

To the extent permitted by law, you are responsible for reasonable losses directly caused by your fraud, unlawful conduct or material breach of these Terms, including infringement of another person's rights. This does not make you responsible for losses caused by OnSell's or another party's own fault, or impose an obligation to reimburse every allegation or unrelated loss.

For a third-party claim, we will give reasonable notice and relevant information, allow reasonable participation in the response and take reasonable steps to mitigate loss. Any settlement or defence expense claimed from you must be reasonable and must not impose unrelated obligations without your agreement.

25. USER DATA

Keep copies of information you need. Do not assume the Services are a permanent personal archive. We handle personal information under the Privacy Policy and applicable law. Account deletion may leave limited transaction, payout, refund, tax, fraud, dispute and support records where necessary for a legitimate purpose or legal obligation. Unneeded information should be deleted or de-identified. This clause is not a waiver of liability for every data loss.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You agree to receive relevant operational notices and transaction records electronically using the contact details provided. Maintain working contact details. Electronic acceptance and records operate subject to applicable law, without waiving mandatory signature, disclosure, payment or record requirements.

Marketing consent is separate from accepting these Terms. Promotional communications follow your marketing choices and include an unsubscribe route. Operational messages may still be needed for active transactions, security or support.

27. MISCELLANEOUS

These Terms, the Acceptable Use Policy and valid transaction-specific agreements govern their respective subject matter. Transaction-specific pricing and minimum sale price govern the relevant deal; they do not override non-excludable rights. If a provision is unenforceable, the remaining provisions continue to the extent lawful. Failure to enforce a right once is not a general waiver.

Any transfer of OnSell's contractual rights and obligations must not reduce your existing rights or defeat open transaction obligations, and material changes will be notified where required. You may not transfer your account or an accepted selling appointment without appropriate agreement.

Events beyond a party's reasonable control may affect performance. The affected party must take reasonable steps to mitigate the disruption and address affected transactions; this does not automatically excuse payment or refund obligations or exclude statutory remedies.

The practical relationship and applicable law determine agency, employment and supplier status. Nothing in these Terms grants an OnSeller unlimited authority to bind the Seller or OnSell.

28. CONTACT US

ONSELL PTY LTD, trading as OnSell

Email: support@onsell.com.au

Public correspondence: Suite 1208/530 Little Collins Street, Melbourne VIC 3000, Australia.

Website: https://onsell.com.au