Sell Terms & Conditions

These Seller Terms shall be applicable only to the sellers who consign their goods to Lost Designer AU, a consignment store operating through https://www.lostdesigner.com.au/ (hereinafter referred to as the “Platform” or “website” or “Site”), as made available by:
Company Name: Lost Designer AU

ABN: 15 512 389 406
Registered Office: PO BOX 76, Epping VIC 3076, Australia

These Seller Terms will be deemed as accepted by you once you apply as a seller/seller to consign your goods to us, or when you do consign your goods to Lost Designer, or when you take any similar action indicating your affirmative acceptance of these terms.

In addition to these terms, our Return Policy, Cookie Policy, and Privacy Policy statement posted on the website shall also be applicable to you.

1. DEFINITIONS

For the purposes of these Seller Terms, the following capitalised terms shall have the following meaning:

that we receive your products. Once we have authenticated your item, we will send you an email confirmation with the quoted price. However, if the condition or features of the item differ from what was originally submitted, the price may be subject to change based on market value. Our pricing strategy is based on the current market value of similar items. If a price change is necessary, we will inform you and ask for your confirmation before proceeding with the listing. We will also clean the item (if necessary) and list it on our website once we receive your approval. You must communicate your acceptance or rejection within a maximum period of three (3) days. If you accept the suggested price, we will photograph the item(s) at our expense, and list them on our website and on eBay.

• e)  Price Dissatisfaction: If you are not satisfied with the proposed listing price, we will make arrangements for the return of your item to you at your cost.
• f)  Consignment Period: The minimum consignment period starts when the item is listed on our website and on eBay. We have a minimum 12-week consignment period. If the item(s) do not sell within these 12 weeks, you can either choose to reduce the asking price or we can ship the item(s) back to you at no additional cost. All price change requests will be subject to our acceptance.
• g)  Registration Details and Verification: During the application process, you will be required to furnish details about you and your items. You agree and acknowledge that we reserve the right to, directly or through a third-party service provider, validate the information and authenticate the items provided by you. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification. If any information provided by you is found to be incorrect or misleading, we reserve our right to take appropriate steps as set forth under Section 3(h) of these Terms. We reserve the right to seek additional information from you from time to time and you consent to provide such additional information.
• h)  Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that the item provided by you is fake or replica, may refuse current or future use of any or all of the Services by you.

4. SELLER’S OBLIGATIONS, REPRESENTATIONS AND WARRANTIES i. You represent, warrant, and agree that:

• you are a person of sound mind and at least of a minimal legal age as per the Australian laws, lawful or authorized owner of the item(s) listed by you, and are fully able and competent to understand and agree to these Seller Terms;
• you have read, understood, and consented to our Return Policy, Cookie Policy, and Privacy Policy statement posted on the Site;
• you shall comply with all applicable laws while providing your item(s) to Lost Designer;
• any photos, videos, description, information, bills, receipts, boxes, or content that you provide us about your item(s) is true, complete, and not misleading, and the same does not and will not violate any consumer law or intellectual property rights;
• you cannot terminate these Terms, or demand/request your item(s) back during the Consignment Period;
• you must disclose to Lost Designer if any of the products you are consigning are replicas and provide information about any repairs or non-genuine parts used in the product;
• All sales will be subject to our Return Policy and the applicable law;

1. Seller may be required to furnish additional documents or information about items that the Seller wants to offer for sale on the website and eBay account of the Company, in order to authenticate that the products offered are genuine and authentic and do not infringe intellectual property rights or proprietary rights of any third party. Seller agrees to promptly provide such additional documents and information, failing Lost Designer reserves its right to take appropriate measures as set out in these Terms.

The failure of the Seller to comply with any of the above, or any other provision of these Terms can lead to necessary action taken by Lost Designer, including without limitation, suspension or removal of the account, without the refund of any amount lying in the wallet, and take other legal recourse, at the sole discretion of Lost Designer.

5. COMPETING LISTING

 Upon sending the item(s) to the Lost Designer, the Seller agrees to immediately remove the listing of the consigned item from all other websites and social media channels. The seller acknowledges that Lost Designer has the exclusive right to sell the consigned item during the consignment period, and any competing listings can harm the ability to sell the item at its full potential. Failure to comply with this clause may result in termination of the consignment agreement and removal of the item from Lost Designer's platform (website as well as eBay account).

6. PAYMENTS TO SELLERS AND SERVICE FEE

• a)  Determination of Item Prices: Lost Designer reserves the right to determine the item prices
  at its sole discretion. Lost Designer determines the prices of the consigned items based on the pre-owned market value, taking into account factors such as the condition, brand, rarity, and demand for the item.
• b)  Service Fee Charges: The service fee charged by Lost Designer from the Seller will depend on the resale price of the items as follows (“Service Fees”):

1. For a resale price of $400 AUD or less, there will be a flat fee of $120 AUD.
2. For a resale price above $400 AUD, the commission charged will be 25% of the
   resale price.
3. For a resale price above $2000 AUD, the commission charged will be 20% of the
   resale price.
4. For a resale price above $5000 AUD, the commission charged will be 15% of the
   resale price.

• e)  Holding Period for Money Received: We understand how important your revenue is to you, and this is why we don’t want you wait for a very long period of time to receive your funds. Lost Designer will hold the money received from customers for a period of one (1) week plus shipping time due to its one (1) week return policy. Once the holding period has elapsed, Lost Designer releases the payment to the Seller.
• f)  Automatic Payment to Seller: Lost Designer pays the Seller directly to their bank account with no minimum threshold at the end of the holding period. Payment is made from Lost Designer's account, and the Seller receives the full amount of the sale price minus the commission charged by Lost Designer. Payment is typically released within a few days after the holding period has elapsed and the receipt time will vary depending on the receiving bank. In case of any issues or delay in receiving the payment, please write to us at enquiries@lostdesigner.com.au, and we will look into it for you.
• g)  No Withdrawal Fee: Lost Designer does not charge any withdrawal fee for the withdrawals by the Sellers. However, you might be subject to a charge or fee based on the rules of your bank.
• h)  Withdrawal Restriction: For security concerns, Lost Designer may temporarily disable the sending of payments to the Seller to prevent fraudulent or illicit activity. This may come as a result of security issues, complains by users or breach of other terms and conditions of Lost Designer.
• i)  Taxes: For sales made within Australia, Lost Designer will be responsible for paying the Goods and Services Tax (GST) associated with the consignment fee. For sales made to New Zealand and the United Kingdom, Lost Designer will also be responsible for paying the Value Added Tax (VAT). Sellers are responsible for paying any other direct or indirect taxes, including any income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.

7. OWNERSHIP, LICENSE, AND RESTRICTIONS

• a)  Ownership Rights of Lost Designer: This website, our eBay account, photos taken of your item(s), our logos, content, designs, trademarks, trade dress, trade name, all our features, functionalities, and services, shall remain the sole property of the Lost Designer, and/or its licensors, as the case may be. Your use of or access to this Site, platform, or availing of our Services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Site, platform, our services, any content, designs, published by us or our licensors or third parties.
• b)  License of Lost Designer: By sending the item(s) to Lost Designer, the Seller authorizes Lost Designer to list and publish the items and their photos on its website, eBay, and social media platforms. Lost Designer also has the right to market the items on all online channels. The license to list and market the item will terminate at the end of the Consignment Period if the Seller requests to receive their items back. However, Lost Designer will not be responsible for taking down any social media posts with respect to the item(s).
• c)  Photographs of the Item(s): All photographs of the items clicked by Lost Designer will belong to Lost Designer and cannot be used by the Seller in any manner. The Seller agrees not to use the photographs for any commercial or non-commercial purpose without obtaining prior written consent from Lost Designer. The Seller also agrees not to reproduce, modify, distribute, or display the photographs without the written consent of Lost Designer. Any unauthorized use of the photographs may result in legal action being taken by Lost Designer.

8. LOST DESIGNER’S RESPONSIBILITIES

• a)  Listing and Marketing Products: Lost Designer will list and market the item on its website,
  eBay, and social media platforms. The marketing will be done in a professional and appealing manner that represents the quality of the item. Lost Designer will also use its reasonable efforts to promote the item to potential buyers.
• b)  Authentication: Lost Designer will authenticate all item received from the Seller to ensure their authenticity. If an item is found to be fake or replica, Lost Designer will notify the Seller and return the item to them, as well as charge the one-time fee specified in the payment terms section.
• c)  Pricing: Lost Designer will determine the prices of the item based on the pre-owned market value, and as specified in the payment terms section.

• d)  Shipping: Lost Designer will be responsible for all storing, shipping, and handling of the item. Lost Designer will use its best efforts to ensure timely and secure delivery of the item to the buyers.
• e)  Communication: Lost Designer will communicate with the Seller in a timely and professional manner regarding the status of their item, including when an item has been sold or returned. Lost Designer will also answer any questions or concerns the Seller may have regarding the consignment process.
• f)  Maintenance: Lost Designer will keep the item in a secure and safe location, and will maintain them in a condition suitable for sale. Lost Designer will use its best efforts to prevent damage or loss to the item while they are in Lost Designer's possession.
• g)  Payment: Lost Designer will pay the Seller directly to their bank account as specified in the payment terms section. Lost Designer will also provide the Seller with a detailed report of all sales and deductions from the sale price.
• h)  Termination: Lost Designer will return all unsold item to the Seller at the end of the Consignment Period if the Seller requests such return.
• i)  Privacy: Lost Designer will keep all information regarding the Seller and their item confidential, and will not disclose this information to any third party without the Seller's consent, except as required by law and as stipulated in its Privacy Policy statement posted on the website.
• j)  Professionalism: Lost Designer will conduct all aspects of the consignment process in a professional and ethical manner, with a focus on customer satisfaction and mutual benefit for both the Seller and Lost Designer.

9. AUTHENTIFICATION
10. a) Lost Designer is committed to ensuring the authenticity of all Products listed for sale on its platform. To achieve this, Lost Designer has established a rigorous authentication process. All items received from the Seller will undergo a thorough physical inspection by Lost Designer's team of experts. This inspection will include a detailed examination of the product's materials, construction, and markings to identify any discrepancies or inconsistencies. In some cases, Lost Designer may engage the services of a third-party authentication expert to verify the authenticity of the item. This may involve sending the item to the expert for further examination or consulting with them remotely.
11. b)  It is important to note that the authentication process may take some time to complete,
    depending on the complexity of the item and the availability of third-party experts. Lost Designer will provide the Seller with regular updates on the status of the authentication process.
12. c)  In the event that any item sent to Lost Designer by the Seller is found to be a fake or a replica, Lost Designer will charge a one-time fee of $90 to cover the authentication process and handling, and return the item to the Seller. For watches found to be a fake or a replica, Lost Designer will charge the Seller who sent the watch $160 to cover the authentication process and handling.
13. d)  By consigning their Products to Lost Designer, the Seller agrees to comply with Lost Designer's authentication process and acknowledges that Lost Designer has the right to refuse to list any item that fails to meet its authentication standards.
14. RESTRICTIONS

Seller shall not itself, and shall not permit anyone to: (i) copy or republish the Services or Platform, its features and functionalities, (ii) make our Services available to any other person without our prior written consent, (iii) provide any incorrect or misleading information or document, (iv) remove, modify or obscure any copyright, trademark, or other proprietary notices contained in the Platform, (v) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Site, (vi) access the Site with the sole purpose to build a similar product or competitive product, and (vii) consign such products which it does not have right to consign or sell.

11. CONFIDENTIALITY

The Seller acknowledges that during the Consignment Period, they may have access to confidential information of Lost Designer. The Seller agrees to keep all such information confidential and to not disclose any such information to any third party. The Seller also agrees to use such confidential information only for the purpose of completing the consignment transaction. The obligation of confidentiality shall survive the termination of this agreement.

12. COMPLAINTS

In case, any buyers have complained about the any aspect of your item(s), we will look into such complaint, and then take a decision on what action is to be taken against you. In case, you are found to be violating any provision of these Terms, we reserve the right to suspend or remove your access, and prohibit future use of our Services to you, at our sole discretion. You hereby agree to fully co-operate with us on a timely basis for the resolution of the complaints submitted by the buyers against you or your items.

13. LEGAL DISCLAIMER

• a)  Lost Designer provides its consignment services on an "as is" and "as available" basis, without any representation or warranty of any kind, whether express, implied, or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• b)  Lost Designer makes no representations or warranties that the consignment services will be uninterrupted, timely, secure, or error-free. Lost Designer does not guarantee the accuracy or completeness of any information in its possession or control, including information regarding the authenticity or condition of any product.
• c)  Lost Designer is not liable for any damages, including without limitation direct, indirect, incidental, special, consequential, or punitive damages, arising out of or in connection with the use of its consignment services, whether based on breach of contract, tort (including negligence), or otherwise, even if Lost Designer has been advised of the possibility of such damages.
• d)  Lost Designer is not responsible for any loss, damage, or theft of products in its possession, and the Seller assumes all risk and liability for their products while in transit to and from Lost Designer.
• e)  Lost Designer does not guarantee the sale of any product and is not responsible for any loss of income or profit as a result of the failure to sell a product or the sale of a product at a price lower than the Seller's expectations.

• f)  The Seller acknowledges and agrees that Lost Designer may use its name, brand, and other identifying information in connection with its consignment services, including on its website and in advertising and promotional materials.
• g)  Lost Designer provides a 7-day return policy to the customers. However, there is a possibility that some customers might misuse this policy. You acknowledge and understand these risks while consigning your products.
  The Seller acknowledges that it has read and understood this disclaimer section and agrees to be bound by its terms and conditions.

14. LIMITATION OF LIABILITY AND INDEMNITY

15. GOVERNING LAW AND DISPUTE RESOLUTION

• a)  Governing Law: these Terms and any dispute arising from the same will be governed by applicable laws of the State of Victoria (Australia).
• b)  Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts situated in Melbourne, Australia.

16. NOTICES

When you use our consignment services, or send emails to Lost Designer, you are communicating with us electronically. You consent to receive electronically any communications related to our consignment services. Lost Designer will communicate with you by email or by posting notices on this website. You agree that all Terms, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to enquiries@lostdesigner.com.au.

17. MISCELLANEOUS

• a)  Independent Legal Advice: It is your obligation to obtain independent legal advice at your
  own expense to ensure you understand the provisions of these Seller Terms.
• b)  Headings: The section headings are for convenience only and shall not control or affect the
  meaning or construction of any provision of these Terms.
• c)  Breach: Lost Designer reserves the right to terminate these Terms, and/or prevent future use
  of the Services due to breach of these Terms and/or our other policies or due to any illegal or
  inappropriate use.
• d)  Fake or Replica Item Fee: To protect its Buyers and maintain the integrity of its platform,
  Lost Designer has a strict policy against the sale of fake or replica items. In the event that any item sent to Lost Designer by the Seller is found to be a fake or a replica, Lost Designer will charge a one-time fee of $90 to cover the authentication process and handling and return the item to the Seller. For watches found to be fake or replica, Lost Designer will charge the Seller who sent the watch $160 to cover the authentication process and handling.
• e) Currency: All dollar ($) amounts specified herein shall be deemed to be in Australian Dollars, unless specified otherwise.

• f)  Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
• g)  Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Lost Designer and you or any other party be deemed to modify any provision of these Terms.
• h) Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.

• i)  No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
• j)  No Assignment: You may not assign these Terms (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Lost Designer. Any attempted assignment that does not comply with these Terms shall be null and void.
• k)  Entire Terms: The Terms, Return Policy, Privacy Policy, and Cookie Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Terms between Lost Designer and you, relating to the subject matter hereof, and supersedes any prior understanding or Terms (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Platform.
• l)  Force Majeure: Lost Designer and affiliates will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
  m) Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Platform after any amendments to the Terms shall constitute your acceptance to such amendments.

18. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE

In the event you have any grievance regarding anything related to these Terms or Privacy Policy or Cookie Policy, or with any content or service of Lost Designer, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below:

• Name: Basel Al Lahhham
• Email: enquiries@lostdesigner.com.au

Postal Address: PO BOX 76, Epping VIC 3076, Australia
19. CONTACT US
If you have questions or need any clarification or have any grievance, please feel free to contact us at
enquiries@lostdesigner.com.au

Last Updated on May 01, 2023