11.1 The Buyer and Seller each agree and covenant with each other (and with Chooza) that when a Buyer successfully purchases an Item (either via Auction or by Fixed Price Purchase):
- Chooza will advise the parties by way of update to the Listing and by email.
- The Seller will then issue an invoice for the sale of the Item and send it directly to the Buyer.
- Subject to the Payments Policy and the Disputes Policy, as soon as the Buyer pays the Purchase Price as required by the Payments Policy, the Seller has sold the Item to the Buyer and the Buyer has bought the Item from the Seller at the Purchase Price.
- If the Seller is a Business User, the Seller will then arrange for delivery of the Item to the Buyer in accordance with the Delivery Policy and the Listing.
- If the Seller is an Individual User then the Buyer will arrange collection of the Item pursuant to the Delivery Policy.
11.2 If the Buyer has not paid Purchase Price in accordance with the Payments Policy within 30 minutes of it buying an Item by Fixed Price or within 12 hours of the Time of Purchase when purchasing an Item via Auction (as the case may be), then:
- The Buyer and Seller agree that no sale of the Item has concluded; and
- The Seller agrees that the Item will automatically be relisted for sale on the Chooza Platform on the same terms as the original Listing.
11.3 The Buyer warrants and undertakes to the Seller that:
a. It will immediately pay the Purchase Price if it is the successful Buyer of an Item.
b. The delivery and contact details provided to the Seller (via the Chooza Platform) are true and correct.
11.4 The Seller warrants and undertakes to the Buyer that:
a. It is the lawful and beneficial owner of the Item.
b. It is lawfully entitled to sell the Item as advertised on the Chooza Platform.
c. It is registered for GST in New Zealand if it is legally obliged to be.
d. Any advertising and marketing of the Item on any platform or via any medium (including on the Chooza Platform) is fair and accurate to the best of the Seller’s knowledge and belief and does not contain any misleading or deceptive statements.
e. It will honour its commitments to the Buyer as required by the Consumer Guarantees Act 1993 and all other law and regulation that is applicable to the sale of the Item.
f. Ownership in the Item will transfer from the Seller to the Buyer as soon as the Purchase Price has been paid.