Terms & Conditions

Please read these Terms and Conditions carefully before using www.bredway.com.au (the “Site”) and the services, features, content or applications offered by Bredway (“Bredway,” “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services. By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. Eligibility

Bredway's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Bredway may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Bredway 's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

2. Registration

Registration. To use certain of the Services, you may need to register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by sending a request to contact@bredway.com.au.

3. Fees and Billing

Joining and setting up list sneakers on Bredway is free. Bredway does not charge fees for listing an item for sale. We simply charge a 5% process fee only when an item is sold. Changes to the Fees Policy and the fees for Bredway's services are effective after Bredway provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Bredway may choose to temporarily change the Fees Policy and the fees for Bredway's services for promotional events (for example, free listing days); such changes are effective when Bredway posts the temporary promotional event on the Site. Bredway may, at Bredway's sole discretion, change some or all of Bredway 's services at any time. In the event Bredway introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australia Dollars (AUD). In certain situations, including but not limited to a void or invalid transaction, Bredway may issue a credit for the applicable fees to a seller's billing statement. You are responsible for paying all fees and applicable taxes associated with using Bredway. Bredway will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s commissions. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due. Fees and Termination: If Bredway terminates a listing or your account, if you close your account, or if the payment of your Bredway fees cannot be completed for any reason, you remain obligated to pay Bredway for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Bredway.

4. Purchase conditions

As part of the Services, you may submit an offer to buy goods included in a Listing through the Services. All goods included in Listings are provided by Bredway users and not Bredway. You hereby acknowledge and agree that: (i) you are solely responsible for reading the full item listing before offering a bid or commitment to buy; (ii) when you use the Services to commit to pay a certain amount of money to an applicable Seller for goods included in an applicable Listing and you are notified through the Services that such Seller accepts such offer. (iii) we do not transfer legal ownership of items from the Seller to the Winning Buyer and have no responsibility or liability in connection therewith; (iv) your purchases through the Services are transactions between you and the applicable Bredway user and not with us or any of our affiliates; (v) we do not in any instances make any representations, warranties or guarantees as to whether an applicable Seller will choose to Accept Payment or Reject Payment, and we have no liability to you with respect to any such choice; (vi) we are not a party to your payment transaction for such purchases; (vii) we do not employ or control any Third Party Sites, (viii) we do not design, manufacture, store, ship or otherwise control any goods or services made available for purchase by Bredway users or Third Party Sites and (ix) we do not make any representations or warranties with regard to any goods made available through the Services or your potential related experiences.

5. Shipping

Bredway policy requires sellers to ship items within the 48 hours of receiving the order confirmation email. The seller is responsible to pay the shipping fee to Bredway and to ship with double box. If the seller does not use another box to protect the original box of the sneaker, your parcel may be rejected. Bredway currently only accepts the parcel from Australia post. If you accidentally use another courier to send a parcel, you need to contact support@bredway.com.au as soon as possible, otherwise, your parcel may be rejected. Penalties may apply if the seller sells an item with one of the following conditions: 1. A used pair of sneakers 2. An item that is not authentic and contains variances when compared to authorised items. Items returned from Bredway will only be shipped to seller’s return address, seller will be charged for the shippings fees, Bredway will only commence the return after receiving the shippings fees from the seller. Bredway is not obligated to return items that do not meet the condition criteria(used sneakers or not authentic), Bredway may also pass the items to proper authorities if the items are counterfeit.

6. Authentication

As part of the purchase transaction, the seller will ship the item to Bredway by Australia Post and undertake shipping fee. Bredway will visually inspect the item and use commercially reasonable efforts to confirm it is authentic. If Bredway determines the item is authentic, Bredway will ship the item to the buyer. If Bredway cannot reasonably confirm the authenticity of the item or determines it is not authentic, then we will notify the buyer and the seller that the item is not authentic and will issue a refund to the buyer. Additionally, Bredway has the right to reject any item for any reason, including but not limited to, authenticity or damage of the item. For sneakers that cannot pass Bredway's authentication process, the seller needs to bear the return shipping cost.

7. User Content

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

8. Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; how you may interpret or use the Content; or any dispute that may arise between you and any other Bredway user in connection with the Services or otherwise, including without limitation related to any information or materials included in any Listing, offer to purchase any goods included in any Listing, payment in connection with any Listing, any decisions of a Seller to Accept Payment or Reject Payment or shipment, quality or condition of, or damage to, any goods included in any Listing.

9. Breach

Without limiting any other remedies, Bredway may, without notice, and without refunding any fees, delay or immediately remove Content, warn Bredway's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: Bredway suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Bredway is unable to verify or authenticate any of your personal information or Content; or Bredway believes that a user is acting inconsistently with the letter or spirit of Bredway's policies, has engaged in improper or fraudulent activity in connection with Bredway or the actions may cause legal liability or financial loss to Bredway 's users or to Bredway.

10. Privacy

Bredway does not collect any personal information from any of your use of our Apps. If we have any of your personal information we will not willingly sell or give it to anyone, except if lawfully subpoenaed to produce it and then only after offering you a reasonable chance to challenge such subpoena if allowed by law. "Offensive Messages: You may not use this App to send Messages that are offensive. If you receive a message that you feel is offensive, please report to us via the support@bredway.com.au. If you see content that you feel is objectionable, please report to us and describe the issue"

11. Services

Bredway reserves the right to modify or terminate the Bredway service for any reason, without notice, at any time. Bredway reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Bredway makes a material change Bredway will notify you here, by email, by means of a notice on our home page, or other places Bredway deems appropriate. What constitutes a "material change" will be determined at Bredway's sole discretion, in good faith, and using common sense and reasonable judgment.