Sellers Terms & Conditions
Be a well informed consignor and check out our terms and conditions. Nothing unusual, so read through. By 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 provide any documentation to establish the objects age, authenticity and place of origin.
- 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) Items comply with our product listing guidelines of authentic, contemporary design. No replicas, reproductions or refurbished pieces.
- g) In the event of a complaint or dispute that arises in connection with your object, you will cooperate with Design Consigned and the 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 accepts the object.
You bear all risk and loss for the object until the buyer accepts the object.
ELIGIBILITY
By using the services of Design Consigned 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 of your design object.
We reserve the right to remove a listing at any time.
We reserve the right to determine how to feature your design object.
We reserve the right to designate the appropriate shipping method for your object.
Listings can be removed at any time by contacting us via email and provided the item has not already been purchased.
You, the seller assign Design Consigned exclusive listing rights for the submitted design object for the duration of the listing. The item shall not appear for sale on any other online selling platform but may be referenced on social media as available on Design Consigned.
As of January 2024, all stored items will be subject to a $250 release fee per design. If we haven’t heard form you in 36 months from date of consignment your legal ownership of items in our storage facility may be forfeited and the items reduced to clear at the value of the agreed selling fee.
SHIPPING AND DELIVERY
All sales are binding and include the delivery charge.
Once a buyer purchases your object, unless already collected by Design Consigned, you are obligated to prepare your object for collection.
All deliveries are handled by Design Consigned’s preferred carriers to ensure safe delivery to the buyer.
If you are unable to make the object available within a reasonable amount of time, we reserve the right to cancel the transaction and refund the purchaser.
PAYMENT
Payment to consignors may take up to fourteen days as the object needs to be inspected, cleaned, packed, shipped and delivered, and pass the 3 day cooling off period.
In the event a buyer disputes the condition of your item, they must notify Design Consigned within 3 days.
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 service, the content and items sold through the service.
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 update, modify or discontinue temporarily or permanently the services of Design Consigned, or any features, or Ts & Cs 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.
The consignment agreement Terms & Conditions constitute the entire agreement between the Owner and CONDES Pty Ltd trading as Design Consigned.
