BUY BACK GUARANTEE TERMS AND CONDITIONS:
1.1. Pursuant to these Buy Back Guarantee Terms and Conditions, a Business Day(s) means a day that is not a Saturday, Sunday, public holiday or bank holiday in the Australian State where the sale takes place.
1.2. All Items which are sold or purchased via Living Edge are subject to Living Edge’s standard terms and conditions which can be accessed at www.livingedge.com.au or are available from Living Edge on request (the Standard Terms and Conditions).
1.3. These Buy Back Guarantee Terms and Conditions (the Buy Back Terms and Conditions) shall be deemed to incorporate and shall form part of the Standard Terms and Conditions and defined words and expressions used in the Buy Back Terms and Conditions shall have the same meaning as provided for in the Standard Terms and Conditions.
1.4. The Buy Back Terms and Conditions set out the terms and conditions which are applicable to Living Edge’s Buy Back Guarantee and in consideration of the agreement set out in this document, Living Edge and any Buyer who purchases the Buy Back Guarantee from Living Edge when purchasing an Item via Living Edge, agree to be bound by the Buy Back Terms and Conditions.

2. BUY BACK GUARANTEE PROTECTION
2.1. The Buy Back Guarantee can be provided by Living Edge from time to time on eligible items only and for a limited timeframe, determined by Living Edge at its sole discretion.
2.2. The Items to which the Buy Back Guarantee shall be available with is at the discretion of Living Edge and may be amended from time to time at Living Edge’s sole discretion.
2.3. The Buy Back Guarantee and the Buy Back Terms and Conditions are in addition to the Buyer’s consumer law rights and in no way limit, diminish or alter the Buyer’s legal rights.

3. RETURNS PROCEDURE
3.1. In the event that a Buyer wishes to return to Living Edge an Item which it purchased with the benefit of a Buy Back Guarantee then it must inform Living Edge of that decision by no later than 5.00pm on the final day of the Returns Period by attending in person at one of Living Edge’s showrooms to confirm intent as well as having the Item available for delivery into the relevant Living Edge premises.
3.2. The Returns Period is defined as any time from the date of sale to 10 years after the date of sale.
3.3. A Buyer shall have no right to return an Item to Living Edge and Living Edge shall have no obligation to purchase an Item from a Buyer if the Buyer fails to notify Living Edge of its decision to return the Item in accordance with Clause 3.1 and/or thereafter fails to return that Item as directed by Living Edge.
3.4. A Buyer shall only be entitled to return an Item to Living Edge and Living Edge shall only be obliged to accept that return where all of the following conditions have been met:
a) the Buyer must have purchased an Item evidenced by Living Edge having receipted clear funds;
b) the Buyer must have been provided a Buy Back Guarantee from Living Edge for the subject Item and provide evidence of the Buy Back Guarantee in the form of these signed Terms and Conditions, along with evidence of purchase in the form of an invoice provided by Living Edge at the time of sale;
c) the Buyer must have notified Living Edge of its decision to return the Item in accordance with Clause 3.1;
d) the Item must be returned to Living Edge in the same condition that it was in at the date of sale except for normal wear and tear associated with product usage throughout the period of ownership by the Buyer. The Buyer agrees that Living Edge’s records will be treated as the definitive record of the Item’s condition at that time, inclusions and accessories. For the avoidance of any doubt the Item must not be altered in any way from the condition it was in at the time of sale including but not limited to any aesthetic, structural or mechanical change. This includes any removal, modification or addition to the Item;
e) the Buyer represents and warrants it holds full un- encumbered and unsecured title to the Item at the time of its return to Living Edge and since the date of the applicable sale has not sold the Item to any third party nor used the Item as security for any loan, arrangement, finance or similar event;
f) the Buyer asserts the Item was not used for any illegal activity of any kind;
g) (where appropriate) the Buyer must provide to Living Edge all documentation necessary to effect a transfer of ownership of the Item in question from it to Living Edge; and
h) the Buyer must not (in the reasonable opinion of Living Edge) be guilty of any conduct of the type as detailed in Clause 7.

4. BUY BACK VALUE
4.1. The Buy Back Value will be determined by the time elapsed from the date of sale to the date of return in accordance with the following matrix:
a) Within 5 years from date of sale, buy back value will be equal to 50% of original purchase value;
b) Within 7 years from date of sale, buy back value will be equal to 30% of original purchase value;
c) Within 10 years from date of sale, buy back value will be equal to 15% of original purchase value;
4.2. The original purchase value of the Item will be determined from the original invoice provided by Living Edge to the Buyer at the date of sale and includes only the items eligible for the Buy Back Guarantee and excludes any additional costs associated with the purchase of the item such as delivery, installation and financing costs.

5. SALE AND PURCHASE
5.1. Ownership of any Item which is to be returned by a Buyer under these Buy Back Terms and Conditions and risk of loss or damage occurring to the Item shall remain with the Buyer until the time at which that Item is returned to Living Edge in accordance with Clause 3.1 at which point, risk of loss or damage occurring to the Item shall pass from the Buyer to Living Edge. Living Edge shall not be obliged to accept the return of any Item which may be lost, stolen or damaged during the period between the date on which the Buyer informs Living Edge under Clause 3.1 that it wishes to return the Item and the date on which the Buyer actually returns the Item to Living Edge in accordance with Clause 3.1.
5.2. Once an Item has been returned to Living Edge in accordance with Clause 3.1 then as soon as reasonably practicable thereafter Living Edge will inspect the Item and undertake such searches as may be necessary to confirm that all of the conditions set out in Clause 3.4 have been met. If Living Edge is satisfied that those conditions:
a) have been met, then it shall inform the Buyer of that and within 3 business days thereafter shall pay to the Buyer in consideration for the transfer of ownership of that Item from the Buyer to Living Edge under Clause 4.1 the Buy Back Value for that Item. For the avoidance of doubt, the Buy Back Value is the only amount which are payable by Living Edge to the Buyer in consideration for such sale and the Buyer shall not be entitled to also receive from Living Edge any costs of transportation, taxes, duties, government charges, or other charge or any refund of the price paid by the Buyer in connection with the purchase or use of the subject Item; or
b) have not been met, then it shall inform the Buyer of that and at that point, risk of loss or damage occurring to that Item shall pass back from Living Edge to the Buyer (and from that point Living Edge accepts no liability whatsoever in relation to the Item whilst left on its premises) and the Buyer shall at its own expense within 1 day of being notified by Living Edge collect that Item from Living Edge during the usual opening hours of the premises where that Item is being stored. If the Buyer fails to collect the Item from Living Edge within the time period required under this Clause 5.2(b) then at any time thereafter Living Edge may dispose of the Item on behalf of the Buyer in any manner as Living Edge at its discretion sees fit and the Buyer irrevocably authorises Living Edge to do so (and should Living Edge elect to dispose of the Item by way of a sale on behalf of the Buyer then the Buyer shall be deemed to be the Seller of that Item for the purposes of the Standard Terms and Conditions). Where Living Edge receives any proceeds of sale as a result of disposing of the Item on behalf of the Buyer then it shall account for the same to the Buyer but shall be entitled to first off-set against those proceeds all costs and expenses incurred by Living Edge in storing and disposing of the Item on behalf of the Buyer. Where no proceeds of sale are received by Living Edge then the Buyer shall indemnify Living Edge on demand for all costs and expenses incurred by Living Edge in storing and disposing of that Item on behalf of the Buyer.
5.3. The Buyer shall execute all such documents and undertake all such acts as Living Edge may reasonably request in order to perfect and give effect to any transfer of ownership of the Item from the Buyer to Living Edge under Clause 5.1 and/or of any disposal of an Item on behalf of the Buyer which may subsequently be made by Living Edge under Clause 5.2(b) (If applicable). Further, the Buyer shall complete all forms and provide all information Living Edge requires in order to effect the transaction.
5.4. Funds payable to the Buyer by Living Edge will be made by electronic funds transfer (EFT) only. Strictly no cheques, cash or credit card transfers will be made. Further, transfers by EFT will be made only into the account of the Buyer.

6. NON-TRANSFERRABLE
6.1. A Buy Back Guarantee is provided by Living Edge solely for the benefit of the original Buyer of the Item and a Buyer is not permitted to resell, assign or otherwise transfer the benefit of a Buy Back Guarantee to any third parties and any attempt to do so will be void. In particular, if the original Buyer of an Item sells the Item to a third party during the Returns Period then the Buyer will not be permitted to transfer the benefit of their Buy Back Guarantee to that subsequent purchaser.

7. CONDUCT
7.1. It is a condition of Living Edge making a Buy Back Guarantee available to any Buyer that the Buyer has not colluded or agreed with any other person to purchase a Buy Back Guarantee for an Item for the purpose of artificially altering the secondary market for that Item and/or attempting to mislead, deceive or unfairly profit off Living Edge or any other bidder, buyer or Seller.
7.2. Living Edge shall monitor all returns and subsequent re-sales of any Items purchased with the benefit of a Buy Back Guarantee and should such monitoring identify any patterns which indicate behaviour of the type detailed in Clause 7.1 (for example, that a Buyer is routinely returning Items bought with the benefit of a Buy Back Guarantee which are then repurchased by the same third party) then Living Edge shall be entitled at its discretion to decline to accept from that Buyer any further returns of Items purchased with the benefit of a Buy Back Guarantee, even if all of the other conditions as detailed in Clause 3.4 have been met. Further, Living Edge reserve the right to decline a Buyer’s ability to purchase a Buy Back Guarantee where it considers abuse of process is being engaged in by the Buyer.

8. DIGITAL ACCEPTANCE
8.1. The buyer shall accept that digital signing shall be deemed as acceptance of Living Edge’s standard terms and conditions and these Buy Back Guarantee Terms and Conditions.