8.1 If you’re a Seller, you agree with Chooza that:
a. In order to be able to list an Item for sale on the Chooza Platform, you must complete the Listing Form.
b. By completing a Listing Form, you are affirming your agreement to these Terms.
c. You, in respect of each Item and each Listing:
i. Are lawfully entitled to utilise any and all intellectual property that you include in your listing including logos and statements and slogans protected by copyright;
ii. Are the lawful and beneficial owner of the Item;
iii. Are lawfully entitled to sell the Item as advertised on the Chooza Platform;
iv. Are registered for GST in New Zealand if it is legally obliged to be;
v. Will honour your 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; and
vi. Agree that ownership in the Item will transfer from you to the Buyer as soon as the Purchase Price has been paid.
d. You cannot list an Item for sale unless you physically have that Item in your possession and control.
e. You must keep that Item in your possession and control until:
i. The Item is de-listed for sale on the Chooza Platform (pursuant to these Terms); or
ii. If the Item has sold, you have complied with your obligations under the Delivery Policy.
f. If you are selling an Item as a Business User you may upload your own terms of sale to a Listing Form. Those terms will apply to the sale of the Item except where they are inconsistent with these Terms.
g. If you are selling an Item as an Individual User, then you cannot apply any specific selling terms and these Terms shall apply, in full and exclusively, to the Listing.
h. Except for the exception in clause 8.2, once you list an Item for sale on the Chooza Platform, you are irrevocably agreeing to sell that Item (to a Buyer) for the Purchase Price and otherwise in accordance with the terms set out in the Listing.
i. You irrevocably instruct Chooza to exclusively receive the Purchase Price from the Buyer in the Chooza Trust Account and to disburse the Purchase Price in accordance with the Donation Policy and otherwise pursuant to these Terms.
j. Chooza will notify you as soon as it can after the Time of Purchase and you will then immediately issue an invoice to a Buyer for the Item that has sold in accordance with the sale contract terms (see clause 11).
k. You are responsible for communicating with the Buyer and ensuring that the Item (as advertised in your Listing) is delivered to the Buyer or able to be collected by the Buyer in accordance with the Delivery Policy.
l. You will abide by all laws and regulations in New Zealand that relates to your use of the Chooza Platform and the proposed and ultimate sale of the Item on the Chooza Platform including (without limitation):
i. Your taxation obligations including (without limitation) accounting to Inland Revenue for any GST payable as a result of the sale of the Item. For the avoidance of doubt, Chooza accepts no responsibility for collecting and paying GST as a result of any sale on the Chooza Platform.
ii. Your obligations under the Fair Trading Act 1986, Consumer Guarantees Act 1993 and the Contract and Commercial Law Act 2017 and all other laws and regulations that are applicable to the sale of the Item.
m. Any advertising and marketing of an Item on the Chooza Platform is fair and accurate to the best of the Seller’s knowledge and belief.
n. You covenant and agree that you will assume sole and entire responsibility for and indemnify and save harmless Chooza from and against all claims, costs, liabilities, losses, expenses, responsibility and damages (on an on-demand basis) by reason of any claim, proceedings, action, liability or injury arising out of your use of the Chooza Platform and/or any breach by you of these Terms including (without limitation) where you have breached your covenants and obligations to a Buyer or to a Charity.
o. Chooza can remove your Listing (and any other content you have on the Chooza Platform) and/or suspend or terminate your use of the Chooza Platform if you breach these Terms or where Chooza otherwise considers that to be appropriate.
8.2 If you no longer wish to sell an Item that you have listed, you can remove the Listing but only if:
a. A Buyer has not committed to purchasing the item at a Fixed Price; and
b. That removal is at least 12 hours before the closing of the Auction.
8.3 If you have listed an Item for sale on the Chooza Platform but that Item does not sell under its Listing, then you may re-list the Item for sale under a new Listing.