This Purchase Agreement & Seller Declaration (“Agreement”) is entered into by Phoenyx Curios (ABN 74 467 936 240) (“the Buyer”), a registered business operating under the laws of New South Wales, Australia, and the individual identified as the Seller on the corresponding Purchase Agreement Summary form (“the Seller”).
By signing the printed Purchase Agreement Summary form, the Seller acknowledges and agrees to be bound by this Agreement and the full Terms & Conditions set out on this page.
1. Definitions
- Buyer means Phoenyx Curios (ABN 74 467 936 240) and its authorised staff.
- Seller means the individual transferring ownership of goods to the Buyer.
- Items means the goods (including but not limited to coins, banknotes, collectibles, and related items) sold or offered for sale.
- Photo ID means government-issued identification such as a driver’s licence, passport, or proof of age card.
2. Declaration of Ownership or Authority
The Seller declares and warrants that:
- They are the lawful owner of all Items presented for sale; or
- They are authorised to sell the Items on behalf of the lawful owner and have full permission to complete the sale.
3. Right to Sell & Legitimacy of Items
The Seller confirms that:
- The Items are not stolen, misappropriated, or obtained through illegal means.
- The Items are not knowingly counterfeit, forged, or fraudulent.
- They have the legal right to sell and transfer ownership of the Items.
4. Indemnity
The Seller agrees to indemnify and hold harmless the Buyer from any claims, investigations, liabilities, losses, or costs (including legal fees and refund expenses) arising from:
- Disputes regarding ownership or legitimacy of the Items;
- Any allegation that the Seller lacked lawful ownership or authority to sell;
- Any Item later determined to be stolen, misappropriated, counterfeit, or a reproduction.
5. Proof of Identity
The Seller agrees to provide valid Photo ID to the Buyer at the time of sale or upon request. For transactions over AUD $5,000, valid Photo ID is mandatory and a legal requirement.
The Buyer may record and securely retain:
- Type of ID, ID number, and issuing authority;
- The Seller’s full legal name and contact details.
The Seller’s personal information is securely retained for a minimum of 12 months, while transactional records are retained for up to 7 years as required for tax compliance. Information is only disclosed to authorised authorities when legally required, including in matters involving audits, disputes, fraud, or stolen goods.
6. Bank Details & Payment
The Seller is responsible for providing accurate and complete bank account details for payment. For transactions over AUD $5,000, the Seller must provide a BSB, Account Name, and Account Number, which may be verified against the Seller’s identification to confirm the account name. PayID is not accepted for transactions requiring identity verification
Payment is deemed made once the Buyer transfers the agreed amount to the bank account details nominated by the Seller. The Buyer is not liable for delays, losses, or failed transfers resulting from incorrect or incomplete banking information provided by the Seller. If funds are sent to the nominated account and later found to be incorrect, the Buyer may assist in recovery efforts but is not liable for unrecoverable amounts.
7. Transfer of Ownership
Ownership of the Items transfers to the Buyer once the Buyer has made payment to the bank account details nominated by the Seller. Payment is considered complete when the transfer is executed, regardless of whether the Seller is able to access the funds due to delays, incorrect or incomplete banking information they provided.
If the Seller does not accept the Buyer’s offer, the Items will be returned (where applicable) in the condition received.
8. Item Accuracy & Valuation Adjustments
The Buyer’s valuation and offer are based on the Items as presented or described by the Seller. If, upon inspection, any Item differs in weight, composition, authenticity, condition, quantity, or if any Items included in the valuation are missing or substituted, the Buyer may revise the offer accordingly or decline the purchase. The Seller is responsible for any discrepancies between the Items described and the Items provided.
9. Remote & Interstate Transactions
For remote or interstate transactions, the parties may agree to special arrangements, including:
- Good-faith partial payments prior to shipment; and/or
- Items being shipped to the Buyer for inspection before final settlement.
Such arrangements may be recorded as notes or special conditions on the printed form or in written correspondence. Where inconsistencies arise, this Agreement and any clearly documented written variations will prevail.
10. Finality of Payment
Unless otherwise agreed in writing, all payments made by the Buyer are final once processed to the Seller’s nominated bank account. This does not limit the Buyer’s rights to seek reimbursement where the Seller has breached this Agreement.
11. Privacy & Data Handling
The Buyer collects and uses the Seller’s personal information for:
- Processing the purchase of Items;
- Verifying identity and ownership;
- Complying with legal obligations, including fraud prevention, dispute resolution, and stolen‑goods investigations.
Personal information is handled in accordance with applicable privacy laws.
12. Governing Law
This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
13. Severability
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions continue in full force.
14. Entire Agreement
This Agreement, together with the printed Purchase Agreement Summary form and any documented variations, constitutes the entire agreement between the Buyer and the Seller.
15. Acceptance
By signing the printed Purchase Agreement Summary form, the Seller acknowledges that they have been informed of where the full Terms & Conditions can be accessed and agree to be bound by them.