Hammer Yard Terms & Conditions

Effective Date: [01/06/2016]
Last Updated: [02/07/2025]

Welcome to www.HammerYard.com (“we”, “our”, or “us”). These Terms and Conditions (“Terms”) govern your use of our services, including our website, content, features, tools, and the multivendor marketplace (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Eligibility and Account Registration

1.1. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use the Services.

1.2. Account Responsibility

You may be required to create an account to use certain features. You agree to:

• Provide accurate and complete information,
• Keep login credentials confidential, and
• Immediately notify us of unauthorized use.

You are responsible for all activity under your account.

2. Multivendor Marketplace Structure

2.1. Platform Role

Hammer Yard operates as an online marketplace that facilitates transactions between buyers and independent third-party vendors (“Sellers”).
We do not own, manufacture, or sell the products unless expressly stated. All contracts are between the Buyer and the Seller.

2.2. Vendor Responsibilities

Each Seller is solely responsible for:

• Accuracy and legality of listings,
• Compliance with product safety, labelling, and consumer laws, including:
  • New Zealand: Fair Trading Act, Consumer Guarantees Act
  • Australia: Competition and Consumer Act 2010 (ACL)
  • S.: FTC Act, state consumer laws
  • EU: Consumer Rights Directive, Product Safety Directive
• Fulfilment, shipping, returns, and after-sales service.

2.3. Buyer-Vendor Transactions

Hammer Yard:

• Does not guarantee vendor performance or product quality,
• Is not liable for order issues (e.g., delays, damages),
• May facilitate payments, but only via authorized processors.

2.4. Disputes

You must contact the Seller directly. Hammer Yard may, at its discretion, intervene in cases of fraud, misconduct, or breach of our policies.
This does not limit your statutory consumer rights in your country of residence.

3. Products, Pricing, and Availability

3.1. Product Information

Vendors must ensure their listings are:

• Accurate, truthful, and lawful,
• Free from misleading or deceptive content under:
  • NZ: Fair Trading Act
  • AU: ACL Section 18
  • US: FTC Advertising Guidelines
  • EU: Unfair Commercial Practices Directive

We do not guarantee listing accuracy.

3.2. Pricing

• Prices are set by vendors and may include or exclude tax depending on your region.
• Errors may result in cancellation and refund.
• We are not liable for pricing discrepancies.

3.3. Availability

Availability is determined by vendors and may change.
If a product becomes unavailable, you are entitled to a refund or replacement in line with:

• NZ: Consumer Guarantees Act
• AU: ACL refund rights
• EU/US: local consumer laws

4. Payments and Refunds

4.1. Payment Processing

We use secure, third-party payment processors. By making a purchase, you agree to their terms. We do not store full payment details.

4.2. Taxes and Currency

Taxes (e.g. GST, VAT, sales tax) will be calculated based on your location. All charges will appear in the local currency where applicable.

4.3. Refunds and Cancellations

Vendor refund policies apply, subject to consumer protection laws in your jurisdiction. For example:

• NZ: Consumer Guarantees Act
• AU: Australian Consumer Law
• EU: 14-day right of withdrawal
• US: Applicable state and federal laws

5. Intellectual Property

5.1. Hammer Yard Content

All content we provide (design, images, logos, text, etc.) is protected by copyright, trademark, and other laws. You may not reuse or reproduce our content without written permission.

5.2. Vendor Content

Vendors retain ownership of their content but grant us a non-exclusive, royalty-free license to display, use, and distribute their product listings via the Services.

5.3. IP Complaints

We respond to alleged copyright and trademark infringements. Please contact us for takedown procedures (in line with DMCA or EU Digital Services Act).

6. Disclaimer of Warranties

To the maximum extent permitted by law:

The Services are provided “as is” and “as available” without warranties of any kind.

We do not guarantee uninterrupted, error-free access to the Services.

This clause does not limit non-excludable consumer guarantees under:

• NZ: Consumer Guarantees Act
• AU: Australian Consumer Law
• EU/US: local mandatory laws

7. Limitation of Liability

To the fullest extent permitted by law, Hammer Yard shall not be liable for:

• Indirect, incidental, or consequential damages,
• Any loss resulting from reliance on third-party vendors or errors in content.

⚠️ Buyers are responsible for ensuring compatibility of vehicle parts and using qualified professionals for installation.

This clause does not limit liability for death, personal injury, fraud, or any loss which cannot be lawfully excluded.

8. Indemnification

You agree to indemnify and hold Hammer Yard harmless from any claims or expenses (including legal fees) arising from:

• Your misuse of the Services,
• Your breach of these Terms,
• Your infringement of third-party rights.

This clause is subject to applicable consumer protections and will not apply in cases of our own negligence or breach.

9. Governing Law

These Terms are governed by the laws of New Zealand, without regard to conflict of laws.

However, if you reside in Australia, the United States, the European Union, or another jurisdiction with mandatory consumer protections, those rights remain enforceable and are not limited by this clause.

10. Updates to These Terms

We may revise these Terms from time to time. Material changes will be posted on the Platform with advance notice.

By continuing to use the Services after changes take effect, you agree to the updated Terms.
If you do not agree, you must stop using the Services before the changes apply.

11. Contact Us

You can reach us by using the Contact Form on our website.
For regulatory, legal, or privacy-related concerns, please contact:
Email: [Insert contact email]
Business Address: [Insert address based on country of incorporation]

12. Severability

If any provision of these Terms is found unenforceable, it shall be modified or removed to the extent necessary to comply with applicable law. The remainder will remain in full force.

13. Entire Agreement

These Terms, along with our Privacy Policy and any platform-specific policies, represent the entire agreement between you and Hammer Yard.
They supersede any prior agreements, except where mandatory laws provide otherwise.

14. Vendor-Specific Terms

Vendors may have their own terms that apply to their products or services.
You are responsible for reviewing these before purchasing.

However, vendor terms must:

• Comply with local consumer laws (e.g. NZ, AU, US, EU), and
• Not override your non-waivable rights.

In the event of a conflict, these platform Terms prevail unless the vendor’s terms provide greater consumer protections.

.

1. Vendor Registration and Account Management

• To sell on the Platform, you must create a Vendor Account by providing complete, accurate, and up-to-date information.
• You are fully responsible for maintaining the security and confidentiality of your login credentials, and for all activity conducted under your account.
• We reserve the right to approve, reject, or suspend any Vendor account at our sole discretion, including based on business type, compliance status, or past conduct.
• You may only operate one Vendor Account, unless you have received prior written consent from Hammer Yard.
• You must keep your account information current and notify us promptly of any changes that may affect your ability to comply with these Terms.

2. Product Listings and Vendor Content

• As a Vendor, you are solely responsible for ensuring that all product listings, images, descriptions, pricing, specifications, and related materials (“Product Information”) are accurate, complete, and legally compliant.
• All Product Information must comply with:
  • Applicable laws and regulations, including consumer protection, product safety, labeling, and advertising standards in New Zealand, Australia, the United States, and the European Union;
  • Intellectual property laws, including copyright, trademark, design rights, and patent protections; and
  • Hammer Yard’s Content and Listing Policies (as updated from time to time).
• You must not list prohibited, illegal, counterfeit, unsafe, or restricted items, as defined in our Prohibited Products Policy or by applicable law.
• You may not use Product Information that infringes or misappropriates third-party rights. Vendors are responsible for securing all necessary rights to publish and sell listed items.
• Hammer Yard reserves the right to review, edit, or remove any listing or content at its sole discretion, including where we believe it:
  • Violates these Terms, platform policies, or applicable law,
  • Misleads consumers, or
  • Harms the integrity of the Platform.

3. Pricing and Payments

• You are solely responsible for setting, updating, and maintaining accurate prices for your listed products, including compliance with applicable pricing laws such as:
  • New Zealand’s Fair Trading Act,
  • Australia’s Competition and Consumer Act,
  • S. Federal and state pricing laws, and
  • The EU Unfair Commercial Practices Directive.
• All Vendors must comply with Hammer Yard’s Payment Processing Policy, including the use of approved third-party payment gateways or integrated services.
• Hammer Yard will collect payments from customers on your behalf and disburse your earnings in accordance with our standard payout schedule.
• We reserve the right to deduct applicable fees, commissions, or transaction charges in accordance with our Vendor Fee Schedule (as updated from time to time).
• As a Vendor, you are solely responsible for determining, reporting, and remitting any taxes, duties, or levies (including GST, VAT, or sales tax) required in your jurisdiction or your customers’ jurisdictions.
  Hammer Yard does not provide tax advice and is not liable for your tax obligations.

4. Shipping and Fulfilment

• You are solely responsible for the prompt, accurate, and reliable fulfilment of all orders placed for your products through the Platform.
• All products must be packaged and shipped in accordance with:
  • Hammer Yard’s Shipping and Return Policy,
  • The delivery timeframes and service levels you commit to in your listings, and
  • Applicable local and international consumer and logistics regulations, including those in NZ, AU, the US, and the EU.
• You must provide valid tracking information for every order once dispatched. Orders without tracking may be deemed unfulfilled or non-compliant, which can affect your seller status.
• You are responsible for:
  • Managing shipping-related customer inquiries,
  • Resolving delivery delays, lost items, or damaged goods, and
  • Processing returns, exchanges, or refunds in line with applicable laws and platform policies.
• You must comply with any mandatory return rights or cooling-off periods required by law (e.g. EU 14-day withdrawal right, AU ACL refund requirements, US state return laws).

5. Customer Service

• As a Vendor, you are responsible for delivering prompt, courteous, and professional customer support to all customers who purchase your products via the Platform.
• You must respond to all customer inquiries, complaints, or service requests within [14] business days (or sooner, where required by law or Hammer Yard policies).
• Your customer service practices must comply with:
  • Hammer Yard’s Customer Service Guidelines (link to guidelines),
  • Applicable consumer rights laws, including the NZ Consumer Guarantees Act, Australian Consumer Law, S. state-level consumer laws, and the EU Consumer Rights Directive.
• Failure to provide timely and effective customer support may result in:
  • Order cancellations or refunds issued on the customer’s behalf,
  • Penalties, account holds, or removal from the Platform, and
  • Negative impact on your vendor rating or search visibility.

6. Intellectual Property

• You retain full ownership and intellectual property rights to all Product Information and original content you upload or submit to the Platform, including product descriptions, images, branding, and trademarks.
• By listing products on the Platform, you grant Hammer Yard a non-exclusive, worldwide, royalty-free, and sublicensable license to use, display, reproduce, modify, and distribute your Product Information solely for the purposes of:
  • Operating, marketing, and promoting your products,
  • Enhancing platform functionality, and
  • Fulfilling customer transactions.
• You represent and warrant that you have the legal right to use and license all content you submit, and that it does not infringe any third-party intellectual property rights.
• Hammer Yard may remove or disable access to any content that allegedly infringes intellectual property rights, in accordance with applicable laws such as the S. DMCA, EU Digital Services Act, NZ Copyright Act, or Australian Copyright Act.

7. Representations and Warranties

By using the Platform as a Vendor, you represent and warrant that:

• You have the legal authority, rights, licenses, and permissions necessary to manufacture, distribute, and sell the products you list on the Platform, including in the jurisdictions where your customers are located.
• Your products and Product Information are:
  • Accurate, complete, and not misleading,
  • Compliant with all applicable laws and regulations, including but not limited to:
    • Product safety and labeling standards,
    • Consumer protection laws (e.g. NZ Consumer Guarantees Act, AU ACL, EU Product Safety Directive, U.S. FTC and state laws), and
    • Customs, import/export, and environmental requirements (if applicable).
  • You will not offer or sell:
    • Counterfeit, pirated, or stolen goods,
    • Products that infringe third-party intellectual property rights, or
    • Goods restricted or prohibited by law or Hammer Yard policies.

8. Indemnification

You agree to indemnify, defend, and hold harmless Hammer Yard, its affiliates, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, penalties, fines, legal costs, or expenses (including reasonable attorney’s fees) arising from or relating to:

• Your use of the Platform as a Vendor,
• Your Product Information or product listings,
• Your products, services, or transactions conducted through the Platform,
• Your breach of these Terms or any applicable laws or regulations, or
• Your infringement or alleged infringement of any intellectual property or third-party rights.

This indemnity applies to the extent permitted by law and does not limit your statutory rights as a business under the laws of New Zealand, Australia, the United States, the European Union, or other applicable jurisdictions.

9. Termination

• We reserve the right to suspend, restrict, or terminate your Vendor Account, remove your product listings, or limit your access to the Platform at any time, with or without notice, for any reason, including but not limited to:
  • Violation of these Terms or platform policies,
  • Non-compliance with applicable laws or regulations,
  • Repeated customer complaints or poor performance,
  • Fraudulent, abusive, or harmful conduct, or
  • Legal or regulatory requirements.
• You may terminate your Vendor Account at any time by providing written notice to Hammer Yard via the designated support channel.
• Upon termination:
  • All active listings will be removed from the Platform,
  • Any outstanding obligations (e.g. order fulfillment, refunds, unresolved disputes) must be promptly completed, and
  • Certain rights and obligations under these Terms, including indemnification and intellectual property licenses, will survive termination.

10. Governing Law

These Terms are governed by and shall be construed in accordance with the laws of New Zealand, without regard to its conflict of laws principles.

However, if you operate from or sell to customers in other jurisdictions (including Australia, the United States, or the European Union), you are also responsible for ensuring compliance with the local laws and regulations applicable to those regions, including but not limited to:

• Australia – Australian Consumer Law (ACL),
• United States – Federal Trade Commission Act and applicable state laws,
• European Union – Consumer Rights Directive, Product Safety Directive, and GDPR.

You agree to submit to the exclusive jurisdiction of the courts of New Zealand for any dispute arising under these Terms, unless otherwise required by mandatory local law in the country where the customer or vendor resides.

11. Changes to These Terms

Hammer Yard reserves the right to modify, update, or revise these Vendor Terms at any time, in whole or in part.

• Any changes will become effective upon posting the updated Terms on the Platform.
• For material changes, we will provide reasonable prior notice via email, dashboard notifications, or other suitable means, where practicable.

Your continued use of the Platform or your Vendor Account after such updates constitutes your acceptance of the revised Terms.
If you do not agree to the updated Terms, you must stop using the Platform and may terminate your Vendor Account in accordance with Section 9.

12. Contact Us

If you have any questions, concerns, or requests regarding these Terms or your Vendor Account, please reach out to us through our Contact Us form on the Platform.

We aim to respond to all vendor inquiries promptly and professionally. For legal or compliance-related matters, your request may be escalated to the appropriate department for further review.

Content Guidelines

Only items that are directly related to vehicles may be listed for sale on www.HammerYard.com. Below is a comprehensive definition of what constitutes a “vehicle” for the purposes of our platform:

Eligible Vehicle Categories

1. Land Vehicles
   Includes, but is not limited to:

• Passenger and commercial cars, trucks, and buses
• Motorcycles, scooters, and mopeds
• Bicycles and electric bikes
• All-terrain vehicles (ATVs) and utility task vehicles (UTVs)
• Construction and industrial vehicles (e.g., bulldozers, excavators, forklifts)
• Trains, trams, and subway cars
• Skateboards, longboards, and similar devices
• Military land vehicles, including tanks (where legally permitted)

2. Air Vehicles
   Includes:

• Commercial and private airplanes
• Helicopters
• Drones and unmanned aerial vehicles (UAVs)
• Hot air balloons and blimps
• Spacecraft (including parts and models, where permitted)

3. Water Vehicles
   Includes:

• Sailboats, motorboats, yachts, and fishing boats
• Cargo ships, cruise ships, and ferries
• Jet skis and personal watercraft
• Submarines and military vessels (where legally allowed)
• Inflatable boats, rafts, and related gear

4. Other / Emerging Vehicle Types
   Includes:

• Hovercraft
• Personal air vehicles (e.g., flying cars)
• Concept and prototype vehicles related to future transportation technologies

5. Toy Vehicles
   Includes:

• All toy models or replicas of land, air, or water vehicles
• Remote-controlled or collectible vehicles
• Scale models, kits, and accessories

Prohibited Items

To ensure the safety, legality, and integrity of the Hammer Yard marketplace, the following categories of products are strictly prohibited from being listed or sold on the Platform:

1. Illegal Drugs and Drug Paraphernalia

Includes all controlled substances, narcotics, and items used for the manufacture, concealment, or consumption of illegal drugs.

2. Weapons and Firearms

Prohibited items include, but are not limited to:

• Firearms, ammunition, and firearm accessories
• Explosives and explosive devices
• Switchblades, butterfly knives, and other restricted weapons
• Items designed or modified for violence

Note: Some tools (e.g., utility knives) may be permitted if clearly marketed for legal use and compliant with local laws.

3. Sexually Explicit Material

This includes:

• Pornographic content
• Sex toys or adult novelty items (unless expressly permitted and age-restricted)
• Any material depicting or exploiting minors, or violating child safety laws

4. Counterfeit or Infringing Goods

Includes fake, replica, or unauthorized branded items that infringe on trademarks, copyrights, or patents.

5. Hazardous Materials

Products that pose a safety risk or are subject to transportation restrictions, including:

• Flammable liquids
• Radioactive materials
• Toxic chemicals or pesticides
• Batteries not meeting safety standards

6. Stolen Property

Any goods acquired through theft, fraud, or unauthorized resale are strictly banned.

7. Endangered Species & Wildlife Products

Prohibited under CITES and regional laws:

• Ivory, rhino horn, or fur from protected species
• Coral, turtle shell, and exotic woods without documentation

8. Human Body Parts and Remains

Includes organs, blood, bones, or other biological materials—except when legally sold for medical or research purposes under strict regulation.

9. Restricted Food & Beverage Items

Prohibited items include:

• Perishable or improperly packaged food
• Unpasteurized dairy products
• Foods with health or contamination risks

10. Prescription Medications and Medical Devices

You may not list:

• Prescription drugs without valid licenses
• Unapproved or misbranded health products
• Medical devices not certified or cleared for sale

11. Tobacco, Nicotine, and Vaping Products

These items are restricted or banned in many regions, and may not be listed without pre-approval and full compliance with applicable laws (including age verification).

12. Alcoholic Beverages

Alcohol sales are highly regulated and may not be listed without proper licensing, age verification systems, and pre-approval from Hammer Yard.

By registering as a Vendor and listing products on Hammer Yard, you confirm that you have read and agree to comply with these guidelines. Failure to comply may result in suspension or termination of your account and potential legal consequences.

Thank you for helping us maintain a safe, compliant, and trustworthy marketplace.

I. Shipping

A. General Shipping Terms

• Vendor Responsibility
  Each vendor is solely responsible for the shipping and handling of their products. Hammer Yard does not manage the shipping of third-party vendor products, unless explicitly stated for items sold by the official Hammer Yard Store.
• Shipping Costs
  Shipping rates are set by individual vendors and shown at checkout. Costs may vary based on destination, shipping method, product weight/size, and carrier selection.
• Shipping Destinations
  Not all vendors offer international shipping. Please refer to the product listing or contact the vendor to confirm delivery availability to your region.
• Estimated Delivery Times
  Vendors provide estimated shipping times, visible on the product page. These are not guaranteed. Delivery times may be affected by courier delays, customs clearance, and unforeseen events.
• Tracking Information
  Vendors must supply tracking details where available. Tracking numbers will be shared with you via email or in your account dashboard.
• Customs, Duties & Import Taxes
  For international orders, customers are responsible for paying any applicable import duties, customs fees, and taxes imposed by local authorities. These fees are not included in product or shipping prices and are not collected by Hammer Yard or its vendors.

B. Vendor-Specific Shipping Policies

• Review Before Purchase
  Each vendor may have unique shipping methods, lead times, and geographic restrictions. Please review the vendor’s shipping policy on their product or profile page before placing an order.
• Contact the Vendor
  For vendor-specific shipping inquiries, reach out directly through the contact options available on their vendor profile.

II. Returns

A. General Return Terms

• Vendor-Defined Return Policies
  Each vendor independently sets and manages their return policy. Hammer Yard does not directly handle returns for third-party vendor products.
• Return Eligibility
  Eligibility for returns (e.g. timeframe, condition, item type) depends on the individual vendor. Non-returnable items may include:
  • Personalized or custom-made products
  • Perishable items
  • Intimate or hygiene-related goods
• Return Shipping Costs
  Unless otherwise stated, customers are responsible for return shipping costs.

B. How to Initiate a Return

1. Review the Vendor’s Return Policy
   Available on the product page or vendor profile.
2. Contact the Vendor
   Use the messaging tools on their profile to request a return and explain the reason.
3. Follow Vendor Instructions
   Return instructions (e.g., packaging, return address, documentation) will be provided by the vendor.

C. Refunds

• Vendor Responsibility
  Refunds are issued by the vendor based on their return policy. Hammer Yard does not hold or disburse refunds for third-party vendors unless handled via a managed payment system.
• Processing Time
  Refund timelines vary by vendor and payment provider. Most refunds are processed within 5–14 business days of receiving the returned item.
• Contact for Status
  For refund status or concerns, contact the vendor directly.

III. Dispute Resolution

• Vendor Contact First
  If a dispute arises regarding a shipment, product return, or refund, contact the vendor directly to resolve the matter.
• Hammer Yard Mediation (Optional)
  At our discretion, Hammer Yard may assist in resolving disputes where necessary (e.g. suspected fraud or repeated policy violations), but we are not legally obligated to intervene.

IV. Changes to This Policy

Hammer Yard reserves the right to revise this Shipping and Return Policy at any time. Any changes will be reflected on this page, with the “Effective Date” updated accordingly. Continued use of the Platform after changes indicates acceptance of the updated policy.

V. Contact Us

• For general questions about this policy, contact us via our Contact Us
• For order-specific or return-related inquiries, please reach out directly to the relevant vendor through their profile or order page.