Buyer and Seller Terms and Conditions

Seller Terms and Conditions

Be a well-informed consignor and check out our terms and conditions.  Nothing unusual, so read through. By checking the box and proceeding with your consignment you are deemed to agree and this will form a binding contract between Condes Pty Limited (trading as Design Consigned) and you the consignor.

REPRESENTATION AND WARRANTIES

a) By listing an item you represent and warrant that any and all information that you provide about the item will be accurate.

b) You will adequately disclose any flaws or defects in your object that could affect a buyers purchase decision

c) You will as requested provide any documentation to establish the authenticity and origin of the object

d) Your object does not infringe any intellectual property or other proprietary rights of any third party

e) You have the right to sell the object i.e. you legally own it or you have express permission from the owner to sell the item and no one else will need to consent to the sale or transfer of the item when it sells

f) Details of the object you submit will comply with our product listing guidelines 

g) In the event of a complaint or dispute that arises in connection with your object, you will cooperate with Design Consigned and the applicable buyer to resolve such complaint or dispute.

TITLE AND RISK OF LOSS

You own all rights, title and interest in and to the object you list through Design Consigned until the buyer is deemed to have accepted the object i.e. 3 days after delivery.

You bear all risk and loss for the object until the buyer accepts the object.

ELIGIBILITY

The services of Design Consigned are not targeted towards nor intended for use by persons under the age of 18.

By using the services you represent and warrant that you are

(a) At least 18 years of age

(b) Are a resident of Australia

(c) Have full power and authority to enter into this agreement and in doing so you will not violate any other agreement to which you are a party.

LISTINGS

We reserve the right to review and edit the description and pricing of your object.

We reserve the right to reject a submission.

We reserve the right to determine how to feature your object and the length of time your listing is displayed.

We reserve the right to designate the appropriate shipping method for your object.

You may remove your listing from our service at any time by contacting us via email provided the item has not already been purchased. You will be charged a small fee for services rendered.

You the seller assign Design Consigned exclusive listing rights for the submitted object for the duration of this contract. Our product images are subject to copyright and cannot be re posted on social media.

SHIPPING AND DELIVERY

All sales are binding. 

Once a buyer purchases your object, unless already collected by Design Consigned, you are obligated to prepare your object for collection.

If you are unable to make the object available within a reasonable amount of time, we reserve the right to cancel the transaction.

PAYMENT

Payment may take up to fourteen days as the object needs to be inspected, shipped and the buyer accept the item to be deemed as it was listed. 

In the event a buyer does not accept your item we cannot release payment to you until we resolve the issue with the buyer.

DISCLAIMER OF WARRANTIES

The services and all items sold through the services are provided on an “as is” and “as available” basis without warranties of any kind.  We expressly disclaim all express and implied warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the services, the content and the items sold through the services. 

Without limiting the foregoing we also disclaim all warranties for or with respect to

the security, reliability, timeliness and accuracy and performance of the services, the content and item sold through the services.

LIMITATION OF LIABILITY

All implied terms are expressly excluded.  Where the Trade Practices Act or State legislation implies into the consignment agreement any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term condition or warranty is deemed to be included in this agreement provided that the liability for a breach of any such term, condition or warranty, including any economic or consequential loss which the owner may sustain shall be limited at the option of Design Consigned to the re supply of services or the cost of repair or replacement with equivalent goods.

MODIFICATIONS TO THE SERVICE

We reserve the right to modify or discontinue temporarily or permanently the services, or any features or portions thereof without prior notice.

TERMINATION

We reserve the right, without notice and within our sole discretion, to terminate your right to use the services or, any portion thereof, and to block or prevent your future access to and use of the services or any portion thereof.

SEVERABILITY

If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

This agreement shall be binding upon agreed successors and permitted assigns of the parties.

The laws of the State of Victoria govern the performance of this agreement.

This consignment agreement document constitutes the entire agreement between the owner and CONDES Pty Ltd T/as Design Consigned.

COPYRIGHT LICENSING

You, the consignor, give exclusive permission for CONDES Pty.Ltd T/as Design Consigned for the perpetual use of, or modification to, any images uploaded, or written material and quotes submitted to the Design Consigned website.

Design Consigned, acting as an agent in good faith, agrees to use the images or descriptions for the sole purpose of selling the object on your behalf. This may include use of an image on third party websites, social media platforms, photo sharing sites, published media and for server backup purposes.

You, the owner, have the relevant copyright permissions to upload any images taken by a third party.

Design Consigned agrees not to disclose the image creator unless prior permission has been acquired.

The onus is on you, the consignor, to raise any copyright issues.  Express Attribution Licenses can be negotiated upon request.  Design Consigned endeavours to support a flourishing cultural world online.

Buyers Terms and Conditions

Welcome to Design Consigned the on line market place where you can buy pre owned design objects.

These terms of use form a binding agreement between you the buyer “consignee” and Condes Pty Limited “the agent” trading as Design Consigned.  By using our service you agree to be bound by these terms.  If you do not agree with these terms do not use our services.

We reserve the right to change or modify these terms.  If we make changes we will provide notice of such changes via email.  Your continued use of the services will confirm your acceptance of the revised terms.  We encourage you to frequently review the terms of use to ensure that you understand the terms and conditions that apply to your use of the services.  If you have any questions please refer to our FAQs.  All other questions should be directed to info@designconsigned.com.au.

When you use our services to purchase an object the following terms apply.

PRICING AND TAXES

  1. All prices are shown in Australian Dollars and shipping and handling charges are additional. 
  2. No GST is applicable on the sale of non-new goods. GST is charged on Design Consigned Commission.
  3. We attempt to be as accurate as possible and to eliminate errors on our service.  However, we do not represent or warrant that any object, description, photograph, price or other information is accurate, complete, reliable, current or error free.  In the unlikely event of an error, we reserve the right to correct such error and revise your order accordingly or to cancel the order and refund any amount charged.  Your sole remedy in the event of such error is to cancel your order and obtain a refund.

SHOPPING CART

When you place a design object in your shopping cart, that item is still available for purchase by other customers.  Be aware, you do not have a claim to an object until you successfully complete the check out process.

SHIPPING & HANDLING

All items purchased through our service can be shipped to practically anywhere in the world, however, you agree to pay all shipping and handling charges that we assign to each particular object.

All our objects are different and therefore require different delivery methods, which will be explained to you at the time you place your order.

You agree as the buyer to our shipping and handling charges as shown hereHowever, we reserve the right to increase or decrease the charge dependent upon the object type, size, weight and final destination. If, after you have received your object, you wish to dispute the charge please contact us at info@designconsigned.com.au and we will be happy to review the charge.  Our policy is always to find the most efficient, safest and cost effective way to get design objects safely into their new home.

Any shipping or delivery dates or times shown on our services are estimates only and the actual delivery dates and times may vary.

In the event you refuse delivery of an undamaged item or an item that materially conforms with its listing you will be charged for all shipping costs.

PAYMENT

Only valid credit cards or payment methods acceptable to us may be used to purchase objects through the service.  By placing an order through the service you represent and warrant that you are authorized to use the designated payment method and you authorize us to charge that payment method for your order.

When you provide your payment information, you further authorize us or a third party service provider working on our behalf to process and store your payment information.  In the event that your payment method cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically.  You are then responsible for resolving any problems in order to proceed.

NO RETURNS OR REFUNDS

Design Consigned does not accept returns or provide refunds; however, if you receive an object that does not materially conform with its listing, please contact info@designconsigned,com,au within three business days of receiving the object and we will attempt to help you resolve the issue.  If you do not contact us within three (3) business days, you will be deemed to have accepted the object. Remember you can always re consign the object.