Terms & Conditions

Gatsby's Auction (ABN 36 829 082 232) — Licensed Auctioneer, Western Australia.

Terms & Conditions for bidding, buying and consigning at Gatsby's Auctions (ABN 36 829 082 232), a licensed auctioneer in Western Australia. Buyer's premium, p…

1. Acceptance of Terms

1.1 By accessing or using any digital platform operated by Gatsby's Auction (including www.gatsbysauction.com and vault.gatsbysauction.com), creating an account, registering to bid, or lodging items for auction, you agree to be bound by these Terms & Conditions and our Privacy Policy. These terms are entered into between you and Gatsby's Auction (ABN 36 829 082 232), a licensed auctioneer operating in Western Australia under the Auction Sales Act 1973 (WA). If you do not agree to these terms, you must not use our services.

1.2 Amendment of Terms: We may amend these Terms at any time, including to comply with applicable laws, contractual obligations, or for operational reasons. We will take reasonable steps to notify you of any material changes by posting an updated version on our website and/or by email.

1.3 Any updated Terms will become effective 7 days after being posted on the Site (Effective Date). You should review these Terms periodically. By continuing to use our services following the Effective Date, you are deemed to have accepted the amended Terms.

1.4 Amendments to these Terms will not apply to any auction or sale that has already commenced, or to any bids already placed, prior to the Effective Date.

1.5 If any amendment has a detrimental effect on you or you do not agree with the amended Terms, you may cease using our services and request closure of your account in accordance with clause 12.

2. Auction Conduct

2.1 All auctions conducted by Gatsby's Auction are governed by the Auction Sales Act 1973 (WA) and applicable Western Australian consumer law.

2.2 Each auction lot is sold to the highest bidder above any applicable reserve price. The fall of the auctioneer's hammer (or automated lot close in timed auctions) constitutes a binding contract of sale between the buyer and the vendor.

2.3 Gatsby's Auction acts as agent for the vendor. All bids are accepted in Australian Dollars (AUD). All auction times are expressed in Australian Western Standard Time (AWST, UTC+8).

2.4 Gatsby's Auction reserves the right to withdraw, re-lot, or combine any lot at any time before the hammer falls, without notice or liability.

2.5 In the event of a dispute as to the highest bid, or if two bids are received simultaneously, the auctioneer's decision is final and binding. Where two bids are equal, the bid placed earlier in time takes precedence.

2.6 Proxy (Auto) bidding is available for online lots. Your maximum proxy bid will be executed automatically on your behalf up to your nominated maximum. Proxy bids are confidential and are not disclosed to other bidders. You acknowledge that you may not receive notifications if you are outbid via proxy, and you are responsible for monitoring any auctions in which you are participating.

2.7 Anti-sniping protection applies to timed auctions: any bid placed within the closing window set for that auction will automatically extend that lot's closing time. Unless otherwise stated on the auction, a bid placed within the final 30 seconds extends that lot by a further 10 seconds. This may occur multiple times without limit. Because each lot extends independently, lots may close out of lot-number order. The window and extension in force are shown on the lot and catalogue pages for each auction, and those displayed values prevail.

2.8 Irrevocability of Bids: By placing a bid, you make a binding offer to purchase the lot at that price. Once placed, a bid cannot be withdrawn or reduced. The parties agree to exclude the right of retraction of a bid under section 57 of the Sale of Goods Act 1895 (WA) for the purpose of protecting the integrity of the auction process. Gatsby's Auction may, at its absolute discretion, permit retraction in exceptional circumstances (for example, where you have notified us that your account credentials have been stolen).

2.9 If you are the winning bidder, you must complete the purchase of the relevant lot. Non-receipt of a winning bidder notification email does not release you from your obligation to pay, provided the email was validly sent to the address registered on your account. If you do not receive a notification, contact us at admin@gatsbysauction.com.

2.10 Technology Failures: If errors, delays, or outages affecting the auction arise from technological difficulties (including server, network, software, or internet service provider issues), Gatsby's Auction may, acting reasonably: (a) extend a timed auction for a period it determines; (b) re-open an auction that has prematurely closed; (c) retract any winning bidder notification sent in error; (d) amend the starting price to reflect the last legitimate bid received before the issue; or (e) cancel and re-conduct the auction. Gatsby's Auction is not responsible for bids that are not received, processed, or accepted as a result of technological difficulties, unless such difficulties arise solely and directly from our fraud, gross negligence, or wilful misconduct.

3. Buyer's Premium & Taxation

3.1 Buyer's Premium: A Buyer's Premium of 19.75% is added to the hammer price of every lot purchased. This premium is payable by the buyer in addition to the hammer price.

3.2 GST on Premium Only: GST (10%) is applied to the Buyer's Premium only — it is NOT applied to the hammer price. This is because most items sold at Gatsby's Auction are second-hand goods, and the auction is conducted under the Australian GST Margin Scheme (Division 75 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

Example: If a lot sells at a hammer price of $1,000 — the Buyer's Premium is $197.50 (19.75%), and GST on that premium is $19.75 (10% of $197.50). The hammer price of $1,000 attracts no additional GST. The buyer's total payable is $1,217.25.

3.3 Margin Scheme: Under the Margin Scheme, the hammer price you pay is not subject to GST. GST is embedded only within the Buyer's Premium component. Your tax invoice will clearly set out the hammer price, the Buyer's Premium, the GST amount (on the premium), and any shipping charges separately.

3.4 Tax Invoices: A tax invoice will be issued to the buyer upon payment, detailing the hammer price (GST-free), Buyer's Premium, GST on Buyer's Premium, and any shipping charges.

4. Business Consignors & GST

4.1 If you are consigning items as a GST-registered business entity, the following additional terms apply:

4.2 Declaration: You must declare your GST registration status to Gatsby's Auction at the time of lodgement. Failure to do so may result in incorrect tax treatment for which Gatsby's Auction accepts no liability.

4.3 Recipient Created Tax Invoices (RCTI): Where agreed in writing, Gatsby's Auction may issue an RCTI on your behalf. Such agreement must be signed prior to the auction.

4.4 GST on Hammer Price: Unless otherwise agreed in writing, the hammer price achieved at auction will be deemed inclusive of any GST component. The consignor is solely responsible for remitting the correct GST amount to the Australian Taxation Office (ATO).

4.5 Indemnity: Business consignors indemnify Gatsby's Auction against any claims, penalties, fines, interest, or tax liabilities arising from the consignor's failure to correctly declare their GST status or provide accurate business information.

5. Consignment, Estimates & Reserves

5.1 Consignment Agreement: All items lodged for auction are subject to a separate Consignment Agreement. By submitting items through our Lodgement Portal, you confirm that you are the legal owner of the items (or are authorised by the legal owner to consign them), that the items are free from any charge, lien, or encumbrance, and that you have full authority to sell.

5.2 Preliminary Estimates: Preliminary estimates and descriptions provided at the time of lodgement are for guidance only and do not constitute a warranty, guarantee, or appraisal. Gatsby's Auction reserves the absolute discretion to revise titles, descriptions, estimates, and lot configurations in the final catalogue to maximise marketability. No guarantee is made or implied that any lot will achieve its estimated price or any reserve price.

5.3 Reserve Prices: Lots with an estimate below $250 AUD are not eligible for a reserve price. For lots above this threshold, a reserve price must be agreed in writing before the auction date. The reserve price will not be disclosed to prospective buyers. If a lot does not reach its reserve, it will be passed in. Gatsby's Auction or the vendor (through Gatsby's Auction as agent) may at its discretion lower an agreed reserve at any time, but not below the current highest bid at that time.

5.4 Seller Commission: Seller commission rates are tiered according to the patron loyalty programme and are disclosed at the time of consignment. Commission is calculated on the hammer price exclusive of the Buyer's Premium.

5.5 Per-Lot Administration Fee: An administration fee of $10.00 AUD per lot applies to Standard tier consignors, reducing to $5.00 AUD per lot for Gilded, Gold, and Platinum tier consignors, or as separately agreed.

5.6 High-Value Items: Items estimated at over $5,000 AUD or items of jewellery, watches, or precious metals require a formal independent valuation or appraisal prior to being placed in the auction catalogue. Gatsby's Auction will not accept a reserve on such items without such documentation.

5.7 Price Indications: Any estimate, comparable market figure, or other price indication provided by Gatsby's Auction is indicative only and may not be relied upon as a representation of the reserve price or likely sale price.

5.8 Insurance of Consigned Goods: Gatsby's Auction does not insure consigned goods. Gatsby's Auction maintains Public Liability and Professional Indemnity insurance only, which does not extend to loss of or damage to consignors' goods. Consignors remain responsible for maintaining their own insurance over their items at all times, including whilst the items are in Gatsby's Auction's possession and up to the moment of sale. We recommend that consignors insure their items under their existing householder's insurance policy as portable items, to ensure their property remains adequately protected.

6. Payment by Buyers

6.1 Payment Due: Full payment of the Invoice Amount (hammer price plus Buyer's Premium, GST on premium, and any applicable shipping and charges) is due within 5 business days of the auction closing, unless otherwise agreed in writing.

6.2 Payment Methods: Payment may be made by bank transfer, PayID, credit card, or such other methods as are advertised by Gatsby's Auction. All applicable payment details are provided on the Tax Invoice. Gatsby's Auction reserves the right to introduce additional payment methods (including automatic credit card and online payment processing) and any surcharges applicable to those methods will be disclosed prior to payment.

6.3 Goods will not be released until payment has been received and cleared in full.

6.4 Non-Refundable Deposit (NRD): The following NRD schedule applies where a buyer fails to complete a purchase: (a) Invoice Amount of $2,500 or less: no NRD applies; (b) Invoice Amount greater than $2,500 and less than $5,000: NRD of $250.00; (c) Invoice Amount of $5,000 or more and less than $10,000: NRD of $500.00; (d) Invoice Amount of $10,000 or more: NRD of $1,000.00. The NRD represents a genuine pre-estimate of Gatsby's Auction' administrative costs of re-listing the lot and the potential loss of sale.

6.5 Late Payment Fee: If you fail to pay the Invoice Amount by the due date, Gatsby's Auction may charge a late payment fee calculated at 1% of the Invoice Amount (excluding GST) for each day the account remains unpaid, or the highest rate permitted by applicable law, whichever is lower.

6.6 Cancellation Fee: If the Invoice Amount exceeds $1,000 and a sale is cancelled due to your failure to pay or complete the purchase (for reasons other than those permitted by applicable law), a cancellation fee of $250.00 (including GST) will be applied to your account to compensate Gatsby's Auction for its administrative costs. The cancellation fee will be waived if a Non-Refundable Deposit has already been received in respect of that sale.

6.7 Multiple Lots: If you win multiple lots in the same auction, Gatsby's Auction reserves the right to treat those lots as interdependent. A default in payment for any one lot may, at Gatsby's Auction' discretion, be treated as a default in respect of all lots won in that auction.

6.8 Consequences of Non-Payment: If you refuse to pay for, fail to complete, or otherwise cancel your purchase (for reasons other than those permitted by applicable law), Gatsby's Auction may, in addition to retaining any NRD or charging the cancellation fee: (a) cancel the sale and re-offer the lot; (b) bring court action against you in the courts of Western Australia for all outstanding amounts, including any reasonable legal costs; and/or (c) resell the lot in any manner it sees fit and pursue you for any shortfall if the resale price is less than the original Invoice Amount.

6.9 Failure to pay may also result in suspension or termination of your account in accordance with clause 12.

7. Settlement to Consignors

7.1 Proceeds from the sale of consigned lots, net of applicable commission and fees, will be remitted to the consignor within 14 business days of the auction date, subject to buyer payment having been received and cleared.

7.2 Settlement is made by bank transfer or PayID to the bank account details provided by the consignor. It is the consignor's responsibility to ensure their payment details are accurate and up to date. Gatsby's Auction accepts no liability for misdirected payments arising from incorrect details provided by the consignor.

7.3 Bank account details provided by consignors are stored in encrypted form and are not shared with third parties except as required for settlement purposes.

7.4 Amounts Owing to Gatsby's Auction: Where the commission, fees, GST and any agreed deductions applicable to a consignor's lot(s) exceed the hammer proceeds — or where any other amount is otherwise owing by the consignor to Gatsby's Auction — the consignor authorises Gatsby's Auction to recover that net amount owing. Where the consignor has a valid payment card on file, the consignor authorises Gatsby's Auction to charge that card for the amount owing. Where no card is held, the amount owing remains payable by the consignor on demand and may be collected by bank transfer or other lawful means.

8. Collection, Shipping & Postage

8.1 Unless otherwise stated, all lots are available for collection from Gatsby's Auction. Shipping may be available for eligible lots at the buyer's expense.

8.2 Shipping fees are calculated based on the lot's size and postage option and are displayed in the auction catalogue. Shipping is arranged through Australia Post or a professional courier service.

8.3 Where multiple lots are won by the same buyer, Gatsby's Auction will endeavour to combine shipping to reduce costs.

8.4 Risk and Title: (a) Where a lot is to be delivered, risk in the lot passes to you when it is delivered, or upon the first delivery attempt if no one is present to accept delivery. (b) Where a lot is to be collected, risk passes when Gatsby's Auction receives your total Invoice Amount in cleared funds. (c) Title in any lot passes to you only when Gatsby's Auction receives the total Invoice Amount in cleared funds, regardless of whether the lot has been collected or delivered. (d) You acknowledge and agree that you will carry out, or cause to be carried out, any appropriate health, safety, and compliance review of lots purchased before operating or using them.

8.5 Gatsby's Auction takes all reasonable care when packaging items for postage. However, once an item has been dispatched, Gatsby's Auction accepts no liability for damage or loss in transit, except to the extent such loss or damage arises solely and directly from our gross negligence or wilful misconduct. Buyers are encouraged to consider transit insurance for valuable items.

8.6 Delivery addresses must be a valid residential or commercial street address within Australia. PO Boxes are not accepted as delivery addresses. You cannot change a delivery address after a sale has closed.

8.7 Storage Fees: Lots not collected within 14 days of the auction date will incur a storage fee of $5.00 AUD per lot per day (plus GST), accruing from day 15 until the lot is collected, dispatched, or otherwise resolved.

8.8 Abandoned Lots: If any lot is not collected within 28 days of written notice from Gatsby's Auction (such notice to be issued at least 7 days after completion of the sale), or within any longer period required by applicable law, the lot will be deemed abandoned. A disposal administration fee of $25.00 AUD per lot (plus GST) applies to any abandoned lot, in addition to any storage fees already accrued under clause 8.7. To the extent permitted by applicable law, any abandoned lot may be disposed of or resold by Gatsby's Auction in its sole discretion on such terms as it considers reasonable. To the extent permitted by law, any proceeds from such disposal or resale will be remitted to you less the Buyer's Premium (or the NRD, if greater) and any applicable transport, handling, disposal administration, and storage costs.

8.9 Claims and Disputes Regarding Items: If, following collection or delivery, you have a concern regarding the quality or condition of a lot, you must: (a) notify Gatsby's Auction promptly in writing; (b) give Gatsby's Auction (or its nominated third party) a reasonable opportunity to inspect the lot; (c) if requested, return the lot to Gatsby's Auction for inspection; and (d) not repair, modify, or dispose of the lot until inspection is complete. Failure to comply with these obligations may void your right to make a claim in relation to that concern.

8.10 Buyers are responsible for compliance with any import, export, or customs regulations applicable in their jurisdiction.

9. Condition Reports & Liability

9.1 All condition reports provided by Gatsby's Auction (whether automated or manual) are provided in good faith for general guidance only. They do not constitute a warranty as to the condition, authenticity, or completeness of any lot.

9.2 All lots are sold on an "AS IS" basis. Prospective buyers are strongly encouraged to request detailed condition reports, inspect items at the scheduled viewing, or arrange an inspection by appointment prior to bidding.

9.3 Responsibility for Listings: Where information in a listing (including item description and photographs) is provided by the vendor, Gatsby's Auction is not responsible for errors or omissions in such information, to the extent permitted by law. It is your responsibility to read the listing in its entirety, consider all information and photographs provided, and satisfy yourself as to the suitability of a lot before bidding.

9.4 Second-Hand Items: Many lots are used or second-hand items and may have pre-existing issues that are not apparent to Gatsby's Auction or the vendor. By bidding on a lot described as used, faulty, damaged, or second-hand, you acknowledge that condition and, to the extent permitted by law, Gatsby's Auction accepts no liability for those pre-existing issues.

9.5 Australian Consumer Law: The Auction Sales Act 1973 (WA) and the Australian Consumer Law apply to all sales. Nothing in these Terms limits any right you may have under applicable law that cannot lawfully be excluded.

9.6 Consumer Guarantees — Agent-Conducted Auction Sales: Where Gatsby's Auction sells goods by auction in its capacity as agent for the vendor, the following consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) do not apply to those goods: (a) section 54 (acceptable quality); (b) section 55 (fitness for a disclosed purpose); (c) section 56 (supply by description); (d) section 57 (supply by sample or demonstration model); (e) section 58 (repairs and spare parts); and (f) section 59 (express warranties).

The following consumer guarantees do apply to agent-conducted auction sales: (g) section 51 (title); (h) section 52 (undisturbed possession); and (i) section 53 (undisclosed securities).

9.7 Limitation of Liability: To the fullest extent permissible by law, where liability cannot be excluded, Gatsby's Auction limits its liability, at its election, to: (a) in the case of goods: replacement or repair of the goods, supply of equivalent goods, or a full or partial refund; and (b) in the case of services: resupply of the services, payment of the cost of having the services supplied again, or a full or partial refund.

9.8 No Consequential Loss: Neither Gatsby's Auction nor you shall be liable to the other for any indirect or consequential loss or damage whatsoever, including lost profits or interruption of business, arising out of or in connection with these Terms or any auction.

9.9 Indemnity: To the extent permitted by applicable law, you agree to indemnify and hold Gatsby's Auction, its officers, employees, and agents harmless from and against any claim, loss, damage, tax, liability, or expense (including reasonable legal costs) arising out of or in connection with your negligent or wrongful act or omission, your breach of these Terms, or any dispute between you and a vendor.

10. Bidder Registration & Accounts

10.1 To bid in any auction, you must register an account and, where required, register for that specific auction by providing valid identification.

10.2 Eligibility: You must not create an account or use our services if you: (a) are under 18 years of age; (b) are an undischarged bankrupt or are subject to any form of insolvency administration; (c) are subject to any trade or economic sanctions, or reside in a country or region subject to such sanctions; (d) have previously had an account suspended or terminated by Gatsby's Auction; or (e) are creating an account on behalf of a company without sufficient authorisation to bind that company.

10.3 You must provide complete, true, and accurate information when creating your account and must promptly update your account if any details change. Gatsby's Auction is not responsible for any loss, damage, or misdirected communications arising from inaccurate or outdated account information.

10.4 One Account Per Person: Each person may hold only one account. If duplicate accounts are discovered, Gatsby's Auction reserves the right to de-register all accounts held by that person without notice.

10.5 Account Security: You must keep all usernames, passwords, and security information secure and confidential at all times. Any bid placed, or action taken, using your account credentials is your responsibility, whether or not you personally placed it, unless access was obtained solely as a direct result of Gatsby's Auction' gross negligence, wilful misconduct, or failure to keep your account secure. If you become aware that your credentials have been lost, stolen, or compromised, you must promptly notify Gatsby's Auction in writing and take any reasonable steps we advise to mitigate the impact.

10.6 Internet Security: You acknowledge that the internet is an inherently insecure communication medium. Your use of our platforms is at your own cost and risk. You must take reasonable precautions to ensure that your processes for accessing our platforms do not expose you to viruses, malicious code, or other forms of interference.

10.7 Account Closure: You may request to close your account at any time by emailing admin@gatsbysauction.com. Gatsby's Auction will only close your account once all outstanding auctions in which you have participated are finalised and all amounts owed to Gatsby's Auction have been received in cleared funds.

11. Prohibited Activities

11.1 When using our services, you must not: (a) make fraudulent, speculative, or shill bids, or engage in any form of bid manipulation; (b) infringe any intellectual property right, database right, trademark, or other proprietary right of any person; (c) engage in conduct likely to mislead or deceive Gatsby's Auction or any other person; (d) impersonate any other person; (e) conduct yourself in an offensive, aggressive, intimidating, or harassing manner in connection with any auction or our platforms; (f) interfere with, or attempt to interfere with, the operation of our platforms, servers, networks, or any sale being conducted; (g) use our services for any unlawful, immoral, or harmful purpose; (h) use our services in a manner that contravenes any trade or economic sanctions; or (i) resell or distribute access to your account to any other person.

11.2 Gatsby's Auction reserves the right to remove any bid it reasonably suspects to be a prohibited bid, in which case the next highest bid will become the current highest bid.

12. Account Suspension & Termination

12.1 Gatsby's Auction may immediately suspend or terminate your account without prior notice for any of the following reasons: (a) material breach of these Terms; (b) providing false, inaccurate, or incomplete personal information; (c) engaging in, or being reasonably suspected of engaging in, prohibited activities (see clause 11); (d) failure to pay for, or failure to complete, any purchase; (e) outstanding debts or payments owed to Gatsby's Auction; (f) conduct that is aggressive, intimidating, or harassing; (g) conduct detrimental to Gatsby's Auction' business interests or reputation; (h) your account being compromised by malicious third-party activity; or (i) compliance with a law enforcement requirement or applicable law.

12.2 Gatsby's Auction may also suspend or terminate your account with written notice where it has ceased to provide the relevant services or where its business or contractual relationships with third parties require it to do so.

12.3 Subject to applicable law, neither Gatsby's Auction nor any other person will have any liability to you arising from suspension or termination of your account. If you consider your account has been wrongfully suspended or terminated, please contact us at admin@gatsbysauction.com.

12.4 Reactivation: If your account is suspended or terminated, you may request reactivation by writing to Gatsby's Auction. Gatsby's Auction may, in its absolute discretion, reactivate your account once satisfied that the issue causing suspension or termination has been resolved, including payment of all outstanding amounts.

13. Loyalty Programme

13.1 Gatsby's Auction operates a patron loyalty programme with four tiers: Standard, Gilded, Gold, and Platinum.

13.2 Tier eligibility is determined by cumulative hammer spend and number of auctions participated in. Tier benefits include reduced seller commission rates and waived administration fees.

13.3 Gatsby's Auction reserves the right to modify, suspend, or discontinue the loyalty programme at any time. Tier status is recalculated automatically following each auction.

14. Intellectual Property

14.1 All content on our digital platforms, including text, images, logos, software, and auction data, is the intellectual property of Gatsby's Auction or our licensors.

14.2 By submitting photographs or descriptions of your items for auction, you grant Gatsby's Auction a non-exclusive, royalty-free licence to use, reproduce, modify, and display such content for the purposes of marketing and conducting the auction, including on our website, social media, and third-party platforms.

14.3 You must not reproduce, republish, or commercially exploit any content from our platforms without prior written consent.

15. Privacy

15.1 The collection, use, and storage of your personal information is governed by our Privacy Policy, available at www.gatsbysauction.com/privacy-policy, which forms part of these Terms.

15.2 By creating an account, you consent to the collection and use of your personal information as described in the Privacy Policy.

15.3 In some circumstances it may be necessary for Gatsby's Auction to share your details with a vendor, or a vendor's details with you, to facilitate the resolution of a dispute. These circumstances are described in the Privacy Policy.

16. Dispute Resolution & Governing Law

16.1 These Terms are governed by the laws of Western Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Western Australia.

16.2 In the event of any dispute arising out of or in connection with these Terms or any auction conducted by Gatsby's Auction, the parties agree to first attempt to resolve the dispute by good faith negotiation.

16.3 If a dispute cannot be resolved by negotiation within 28 days, either party may refer the matter to mediation through a mutually agreed mediator, or to the courts of Western Australia.

16.4 Notwithstanding the above, Gatsby's Auction reserves the right to seek urgent injunctive or other equitable relief from any court of competent jurisdiction.

17. Miscellaneous

17.1 Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.2 Entire Agreement: These Terms (together with the Privacy Policy and any Consignment Agreement) constitute the entire agreement between you and Gatsby's Auction in respect of the subject matter herein.

17.3 No Waiver: Failure by Gatsby's Auction to enforce any right under these Terms shall not constitute a waiver of that right.

17.4 Statutory Rights: Your rights under these Terms are in addition to any rights you have as a consumer under the Australian Consumer Law. You can find further information about consumer rights from the Australian Competition and Consumer Commission (ACCC) and the Western Australian Department of Mines, Industry Regulation and Safety (Consumer Protection).

17.5 Notices: All notices to Gatsby's Auction should be addressed to admin@gatsbysauction.com or our registered business address.

18. Gift Cards

18.1 Gatsby's Auction gift cards may be purchased online in the following denominations: $25, $50, $100, $250, and $500 AUD. Gift cards may be purchased without a Gatsby's Auction account.

18.2 Delivery: Gift cards are delivered by email to the recipient address nominated by the purchaser at the time of purchase. It is the purchaser's responsibility to ensure the nominated email address is correct. The expiry date of the gift card is stated in this email.

18.3 Activation: Gift cards are activated on the day of purchase and may be redeemed immediately.

18.4 Expiry: Each gift card is valid for three (3) years and one (1) day from the date of purchase. The expiry date is shown in the delivery email and, once the card has been added to a Gatsby's Auction account, alongside the card balance in that account.

18.5 No Fees: No fees of any kind apply to gift cards. There are no purchase, activation, account-keeping, or inactivity fees, and the balance of a gift card will not be reduced by any fee at any time.

18.6 Use — Auction Lots Only: Gift cards may be redeemed only towards the purchase of auction lots (including the hammer price, Buyer's Premium, GST on the premium, and any shipping charges) through Gatsby's Auction. Gift cards cannot be used to purchase books from the Gatsby's Auction bookshop, and cannot be applied to any other goods or services.

18.7 No Transaction Limit: There is no limit on the number of transactions in which a gift card may be used, and no minimum spend is required. Any remaining balance stays on the card and may be applied to future eligible purchases until the balance is exhausted or the card expires.

18.8 Not Reloadable: Gift cards cannot be topped up or reloaded. Additional value cannot be added to an existing gift card.

18.9 Not Redeemable for Cash: Gift cards are not redeemable or exchangeable for cash, and are not refundable, except where required by applicable law (including the Australian Consumer Law).

18.10 Redemption Requires an Account: To redeem a gift card, the holder must create, or sign in to, a Gatsby's Auction account and assign the gift card code to that account from the Rewards tab of their dashboard. Once assigned, the card balance and expiry date are displayed in the holder's account and the value becomes available towards eligible auction purchases.

18.11 Security: Treat your gift card code like cash. To the extent permitted by applicable law, Gatsby's Auction is not responsible for gift cards that are lost or stolen, or used without authorisation, after they have been delivered to the nominated email address.

18.12 Nothing in these gift card terms limits any rights you may have under the Australian Consumer Law that cannot lawfully be excluded.

19. Referral Program

19.1 Gatsby's Auction may, from time to time, operate a referral program that allows existing patrons to earn account credit (store credit) by referring new patrons. Participation is subject to these Terms.

19.2 Earning Credit: You will receive $5.00 AUD in account credit when a person you refer (a) creates a new Gatsby's Auction account using your referral link or code, and (b) completes at least $5.00 AUD in paid auction spend within twelve (12) months of the date they signed up. "Paid auction spend" means amounts actually paid by the referred patron in respect of lots they have won. Referral credit is earned only once both conditions are met; sharing a link, and a referred person signing up, do not by themselves entitle you to any credit.

19.2A Boosted ("Early Bird") Reward: Where the person you refer creates their account within twenty-four (24) hours of the date you created your own Gatsby's Auction account, the credit you will receive for that referral is increased to $15.00 AUD instead of $5.00 AUD. The applicable amount is fixed at the time the referred person signs up, and remains subject to the same qualifying spend condition in clause 19.2(b). The twenty-four (24) hour window is measured from the creation of your account, not the referred person's.

19.3 Application of Credit: Referral credit is applied automatically to your next invoice. Where the credit exceeds the amount payable on that invoice, the remaining balance is carried forward and applied to subsequent invoices until it is exhausted.

19.4 Non-Transferable: Referral credit is personal to your account. It is not transferable, and is not redeemable or exchangeable for cash, except where required by applicable law.

19.5 Abuse and Fraud: Gatsby's Auction may withhold, reverse, or cancel referral credit, and may suspend a patron's participation in the referral program, where it reasonably suspects abuse, fraud, self-referral, the creation of duplicate or fake accounts, or any other breach of these Terms or of the spirit of the program.

19.6 Changes to the Program: Gatsby's Auction reserves the right to modify, suspend, or discontinue the referral program, or to vary the credit amount or qualifying conditions, at any time. Such changes will not affect referral credit that has already been validly earned.

19.7 Nothing in these referral program terms limits any rights you may have under the Australian Consumer Law that cannot lawfully be excluded.

20. Email & Communication Preferences

20.1 Account Emails: When you create an account or transact with us, we will send you essential service emails — for example, email verification, password resets, bidding and account notifications, invoices, and settlement statements. These messages are necessary to provide our services, are not marketing, and are sent regardless of your marketing preference.

20.2 Update Emails: Separately, we offer optional "update emails" — auction previews, news of upcoming sales, featured lots, and special offers. In accordance with the Spam Act 2003 (Cth), these are strictly opt-in. New accounts are NOT subscribed by default, and we will only send you update emails if you have actively chosen to receive them.

20.3 Opting In: You can choose to receive update emails at any time from the My Details section of your account dashboard. We record the date and time of your consent.

20.4 Opting Out: You can stop receiving update emails at any time, either by switching the preference off in My Details or by using the unsubscribe link included in every update email. Opting out takes effect promptly and does not affect the essential account emails described in clause 20.1.

21. The Vault Club

21.1 The Vault Club: The Vault Club is Gatsby's Auction's free membership program. Membership is open to individuals who hold, or who create, a Gatsby's Auction account. One membership is permitted per person and per account.

21.2 Joining and Consent: By joining the Vault Club you confirm that you have read and agree to these Terms and to our Privacy Policy, and you consent to receiving marketing and auction communications from us (including auction previews, news of upcoming sales, featured lots, and special offers). This marketing consent is a condition of membership; clause 20 explains how these communications work and how to opt out.

21.3 Welcome Coupon: New members receive a one-off welcome coupon of $10.00 AUD in account credit (store credit), issued once per person and per account. The coupon is valid for twenty-eight (28) days from the date of issue and expires automatically at the end of that period if it has not been used. A member is entitled to only one welcome coupon; it is not re-issued on re-joining, and duplicate or additional accounts do not attract further coupons.

21.4 Using the Coupon: Welcome coupon credit is applied automatically toward eligible auction purchases at checkout, in the same way as other Gatsby's Auction store credit, and may be used across one or more invoices until it is exhausted or expires. Any unused balance is forfeited on expiry. The coupon is personal to your account, is not transferable, and is not redeemable or exchangeable for cash, except where required by applicable law.

21.5 Member Benefits: In addition to the welcome coupon, Vault Club members may receive benefits such as curated auction previews, early or priority access to upcoming auctions, and members-only offers. Benefits are provided at Gatsby's Auction's discretion and may change from time to time.

21.6 Communications and Opting Out: You can stop receiving Vault Club marketing and auction communications at any time by switching the preference off in the My Details section of your account, or by using the unsubscribe link included in every update email. Opting out does not cancel a welcome coupon that has already been validly issued and remains within its validity period, and does not affect the essential account emails described in clause 20.1.

21.7 Abuse and Fraud: Gatsby's Auction may withhold, reverse, or cancel Vault Club credit, and may suspend or terminate a member's participation in the program, where it reasonably suspects abuse, fraud, self-dealing, the creation of duplicate or fake accounts, or any other breach of these Terms or of the spirit of the program.

21.8 Changes to the Program: Gatsby's Auction reserves the right to modify, suspend, or discontinue the Vault Club, or to vary its benefits or conditions, at any time. Such changes will not affect a welcome coupon that has already been validly issued and remains within its validity period.

21.9 Privacy: Personal information collected when you join the Vault Club is handled in accordance with our Privacy Policy.

21.10 Australian Consumer Law: Nothing in these Vault Club terms limits any rights you may have under the Australian Consumer Law that cannot lawfully be excluded.

22. Account Credit (Store Credit)

22.1 General: "Account credit" (also referred to as "store credit") means any credit balance held in your Gatsby's Auction account, however it arises — including welcome coupons, referral credit, promotional campaign credit, or credit applied by Gatsby's Auction at its discretion.

22.2 Personal to Your Account: Account credit is personal to the account to which it is issued. It belongs to that account only and cannot be transferred, gifted, sold, or otherwise disposed of to any other person or account, whether by agreement, request, or any other means.

22.3 No Account Merging: Account credit balances cannot be combined or merged with the credit balance of any other account, including where two accounts are held by the same person. If duplicate accounts are discovered and deactivated under clause 10.4, any credit held in the deactivated account is forfeited and will not be transferred to the surviving account.

22.4 Not Redeemable for Cash: Account credit is not redeemable or exchangeable for cash or monetary value, and will not be paid out on account closure, except where required by applicable law (including the Australian Consumer Law).

22.5 Application: Account credit is applied automatically at checkout toward eligible auction purchases (hammer price, Buyer's Premium, GST on premium, and shipping charges). Credit cannot be applied to bookshop purchases or any other goods or services outside of the auction platform.

22.6 Expiry: Credit may carry an expiry date. Any unused credit balance subject to an expiry date is forfeited automatically at the end of the applicable period. Credit with no stated expiry date remains on your account until used or until your account is closed.

22.7 Abuse: Gatsby's Auction reserves the right to withhold, reverse, or cancel any account credit where it reasonably suspects that the credit was obtained through abuse, fraud, the creation of duplicate or fake accounts, or any other breach of these Terms.

22.8 Nothing in this clause limits any rights you may have under the Australian Consumer Law that cannot lawfully be excluded.