Lost Designer PTY LTD
ABN 94 683 102 721
Second Hand Dealers Licence SHD-0018083
Terms & Conditions
Shopping Terms and conditions
Selling Terms and conditions
Welcome to Lost Designer,
These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms & Conditions” or “Terms of Service”) shall govern the relationship between our company: Lost Designer PTY LTD ABN: 94 683 102 721, Registered Office: 428E Toorak Rd, Toorak VIC 3142 Australia (hereinafter referred to as the “Company” or “Lost Designer PTY LTD” or “us” or “our” or “we”) and you (hereinafter referred to as “you” or “your” or “user(s)” or “buyer(s)”), and shall govern your use of our website – https://www.lostdesigner.com.au/ (hereinafter individually as well as collectively, referred to as the “website” or “Site” or “website”).
Lost Designer is a consignment store that facilitates the sale of consigned second-hand designer bags, watches, accessories, and wallets from Australia-based sellers, and ships it within Australia, as well as internationally, to its customers. (“Service”).
These Terms are applicable on all the buyers and other general users and visitors of the website. Please read these Terms carefully, as these, along with our Return Policy, Shipment Policy, Cookie Policy, and Privacy Policy statement forms the entire agreement between you and Lost Designer. If you do not accept these Terms in its entirety, then you cannot use the website or avail any of our services or purchase any product or item consigned by Sellers on the website. In case you are a Seller who has consigned their item(s) to us for sale on our website, please refer to our “Seller Terms” posted on our website.
Additionally, how we collect, use, store, share and transmit your personal as well as non-personal information, is governed by our Privacy Policy statement and Cookie Policy. These Terms shall be read in conjunction with our Return Policy, Shipment Policy, Cookie Policy, and Privacy Policy.
By accessing, registering, or using the website, or by buying any of the products on the website, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
- You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time on the website.
- You are of sound mind, at least 18 years in age, and otherwise competent to form a binding contract with us. Our website is offered and available to users who are at least 18 years of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the website through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13, you are not permitted to use the website or purchase the products on our website. By using the website, you represent and warrant that you meet all of the foregoing eligibility requirements.
- We must not have previously disabled your account for violation of law or any of our policies.
- You agree, understand, and acknowledge that we are an online consignment store that sells the items or products of the independent sellers (“Sellers”), and as such we are only a facilitator between you and the third-party Sellers. Accordingly, the contract of sale shall be a strictly bipartite contract between you and the respective Seller.
- You have read, understood, and consented to our Cookie Policy as well as our Privacy Policy statement.
To access various parts of the website, and to make purchases on the website, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorised access to or use of your account.
If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.
Allowed uses:
You must follow any and all guidelines or policies or directions of use as associated with each of the services on the website.
Whenever prompted, you must provide us with the correct, accurate, and updated information. All the submitted information will be processed in accordance with our Privacy Policy statement.
Once you purchase an item from the website, you have a period of seven (7) days, calculated from the time of delivery of the item, to dispute the order and raise a complaint. Any disputes raised after this timeline will not be entertained. Please refer to our Return Policy for more information.
For the purposes of these Terms, “material” shall mean any logos, trademark, text, video, designs, graphics, sound material, published on the website, whether a copyright of Lost Designer, Sellers, other users, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the website. You must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
Restricted uses:
Using stolen credit cards or engaging in fraudulent transactions is strictly prohibited. If we suspect that a buyer has used a stolen credit card or engaged in a fraudulent transaction, we reserve the right to cancel the transaction and take legal action if necessary.
You cannot impersonate others, create duplicate accounts, or provide inaccurate information about yourself.
You may be able to leave your feedback after purchasing products from our website and any authorised third-party sales channels. You cannot post, raise, or comment on any political, racist or such other issue which affects a person, community, or society. You must not be abusive and shall only provide your genuine feedback about the products purchased.
You are prohibited from providing paid or other ingenuine feedback.
You must not misuse or interfere with the Services or website or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
You must not:
- republish material from this website;
- sell, rent or sub-license material from the website;
- show any material from the website in public without our consent;
- edit or otherwise modify any material on the website (other than editing your own information/posts/contents as per the method provided);
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or
- redistribute material from the website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
- infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our Providers, other Users, licensors or any third party.
We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.
At Lost Designer, we take authenticity very seriously. We use LegitApp, LegitGrails, and Entrupy — trusted third-party authentication services — to authenticate bags and wallets. For jewellery, we work with a registered third-party gemmologist or valuer for authentication and valuation. For all other items, we have in-house authenticators or work with trusted third-party authenticators.
However, due to the nature of pre-owned items, there may be variations in colour, texture, and wear. Please note that the colours of products may also appear differently on different screens. We do our best to accurately describe and photograph all items, but we cannot guarantee that the actual product will match the colours or appearance shown on your screen.
If an item is proven to be inauthentic by a recognised third-party authentication service, Lost Designer will, in accordance with its policies, offer an appropriate remedy, which may include a refund upon return of the item.
We are an independent reseller of pre-owned luxury goods and are not affiliated or associated with any of the sellers, designers or companies whose products we sell. We do not claim to be authorised dealers or representatives of these brands, nor do we have any endorsement or sponsorship from them. All trademarks and brand names of the designers and companies remain the property of their respective owners. The descriptions, images, and other product details on our website are for informational purposes only and are not intended to suggest any association with or endorsement by the designers or companies.
Our website, domain, logos, content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of Lost Designer, and/or its licensors or brand owners, as the case may be. Lost Designer is independent from any brand affiliation. Trademarks of third-party brands are owned by their respective brand owners. Your use of or access to our Site 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 website, our services, any content (except your own content), designs, published by us or our licensors or third parties.
This website and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules, and regulations. Trademarks, trade names and designs appearing on this website are the exclusive property of, or are licensed to the Lost Designer and are protected. No use of a trademark, trade dress, trade name, content or design appearing on this website may be made without the prior written permission of the Lost Designer, or the respective brand owner (as the case may be).
In order to see what personal information we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our website.
The website might contain links to third-party websites, products, and services (such as third-party payment service providers). Such third-party links are not under the control of Lost Designer, and Lost Designer is not responsible for any third-party links or products provided by the Sellers. Lost Designer provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links or the products of the Sellers. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or products of Sellers, Lost Designer shall not be responsible.
All orders are subject to acceptance and availability, and you agree to pay for the products that you purchase on our website, and you authorise us (or our third-party payment gateway service providers) to charge your debit or credit card or process other means of payment for those payment.
You shall be responsible to bear all the applicable taxes (wherever applicable).
All prices are stated in AUD (Australian Dollar), unless stated otherwise.
For sales made within and shipping to Australia, the specified price of a product is all inclusive of the shipping fee, taxes, and charges. For international sales, a shipping fee is payable in addition to the product price, and the buyer is responsible for the cost of all taxes, duties, and other charges associated with importing the product into their country. The buyer is also responsible for adhering to any importing procedures of their country to receive delivery of the product. For more information, please refer to our Shipment Policy posted on the website.
We reserve the right to modify the prices of the items listed on our website and any authorised third-party sales channels, or discontinue certain products at any time without any prior notice.
Additionally, during the listing, we may contact the Seller (consignor) and ask whether they wish to reduce the sale price.
If, for any reason, we are unable to fulfil an order for a product that you have purchased from us, we will immediately issue you a full refund of any monies paid for that product. We reserve the right to cancel any order for any reason, including in the event of an error, and in such a case, we will refund any monies paid.
We do not accept international returns. For customers in Australia, we do not accept returns on jewellery and watches. If a customer sends the item back to us, they must cover the postage and insurance. Please refer to our Return Policy posted on the website for more information.
Lost Designer makes every effort to accurately represent the products listed on our website. However, due to variations in lighting, photography, and individual screen settings, the actual colour and appearance of a product may differ slightly from how it appears on your screen. We cannot guarantee that the product you receive will be an exact match to the image displayed on our website.
Additionally, please note that all products sold by Lost Designer are pre-owned or vintage and may show signs of wear and tear. We make every effort to accurately describe the condition of each item, but please be aware that minor imperfections may exist. By purchasing from Lost Designer, you acknowledge and accept the pre-owned nature of our products and understand that such imperfections are not considered defects.
All items listed on the Platform undergo an authentication process conducted by Lost Designer, which may include both in-house assessment and third-party authentication services.
While Lost Designer takes all reasonable steps to ensure that items are authentic, authentication is based on expert opinion and available information at the time of assessment. Accordingly, authenticity cannot be guaranteed with absolute certainty.
If an item is later proven to be inauthentic, Lost Designer will take appropriate steps in accordance with its policies to address the issue.
We also cannot guarantee the availability of any item listed on our website, and we reserve the right to cancel any order at any time, for any reason. In the event that we need to cancel an order, we will notify the buyer as soon as possible and issue a refund.
Lost Designer does not provide any warranties or guarantees with respect to the items listed on our website, and all items are sold in their current condition as described, without any warranty beyond what is expressly set out in these Terms. Lost Designer is not liable for any defects or damage associated with items, except as set out in the Authenticity section above.
Lost Designer is not responsible for any losses, damages, or expenses that may arise as a result of the use or purchase of any item listed on our website. This includes, but is not limited to, any direct or indirect damages, consequential damages, incidental damages, or any other damages or losses.
Lost Designer is not responsible for any claims, warranties, or representations made by any manufacturer of any item listed on our website. All such claims, warranties, and representations are the sole responsibility of the manufacturer.
Lost Designer reserves the right to modify or discontinue any aspect of our website or services at any time, without notice. We are not liable for any losses, damages, or expenses that may arise as a result of such modifications or discontinuations.
Lost Designer is not responsible for any delays or errors that may occur with respect to the delivery of any item purchased through our website. Lost Designer is not liable for any losses, damages, or expenses that may arise as a result of such delays or errors.
To the maximum extent permitted by law, in no event shall Lost Designer (or our licensors or affiliates) be liable to you or any third party for any late shipment/delivery, transaction failure, loss occurred due to use of products, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to your purchase of the products from the website, even if Lost Designer has been advised of the possibility of such damages. Access to, and use of, the website is at your own discretion and risk, and you will be solely responsible for any damage or loss resulting therefrom.
You acknowledge to defend, indemnify, and hold Lost Designer, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand, or expense, including reasonable legal counsel’ fees, made by a third party, relating to, or arising from:
- Your violation of ours or any third-party right;
- Your wrongful or improper use of our services or our website;
- Your violation of any applicable laws, rules, or regulations;
- The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our Services.
These Terms and any dispute arising from the same will be governed by applicable laws of the State of Victoria (Australia).
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.
When you use the website or send emails to Lost Designer, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this website. Lost Designer will communicate with you by email or by posting notices on the website. You agree that all agreements, 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.
Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
Breach: Lost Designer reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms and/or our other policies or due to any illegal or inappropriate use of the website or its services.
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.
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.
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.
No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
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, which may be withheld at Lost Designer’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void.
Entire Agreement: The Terms, Return Policy, Shipment Policy, Cookie Policy and our Privacy Policy statement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Lost Designer and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (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 website.
Force Majeure: Lost Designer and its third party service providers (such as delivery fulfilment service provider) 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.
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 website after any amendments to these Terms shall constitute your acceptance to such amendments.
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:
We welcome your questions or comments regarding these Terms. You can write to us via email: enquiries@lostdesigner.com.au
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Lost Designer or its owners/directors, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
These Seller Terms are applicable only to sellers who consign their goods to Lost Designer PTY LTD. They will be deemed accepted once you apply as a seller, consign your goods to us, or 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.
To be eligible to consign your goods or products with Lost Designer, you must be the legal owner of the products and have the authority to sell them. Additionally, we only accept sellers from Australia at this time, and we only accept bags, wallets, jewellery, accessories and watches. These products must meet our authenticity and quality standards, and only brands listed on our website in the FAQ or selling page will be accepted.
To begin the consignment process, you must fill out the Seller Application Form on our website at https://lostdesigner.com.au/pages/sell-with-us. The form will require you to provide your name, email, phone number, designer, style name, serial number, year purchased/age of item, inclusions (box, dust bag, authenticity card, receipt), condition of the item, and any additional information or images that may be relevant to the consignment.
After you have submitted the Seller Application Form, we will send you a postage label to ship the item(s) to our facility. You are required to securely pack your item in a sturdy box for all shipping methods, ensuring that it is adequately protected during transit.
Once we receive the item(s), we will inspect and authenticate them to ensure that they meet our standards within a maximum period of fourteen (14) days from the date 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.
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.
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.
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.
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, we may refuse current or future use of any or all of the Services by you.
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 authorised 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 whilst 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 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.
- Seller may be required to furnish additional documents or information about items 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.
Upon sending the item(s) to 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.
Lost Designer reserves the right to determine the item prices at its sole discretion based on the pre-owned market value, taking into account factors such as the condition, brand, rarity, and demand for the item.
| Resale Price | Commission |
|---|---|
| $2,000 AUD or less | 25% (minimum fee $275 AUD) |
| Above $2,000 AUD – up to $5,000 AUD | 20% |
| Above $5,000 AUD – up to $9,999 AUD | 15% |
| $10,000 AUD or above | 10% |
Third-Party Platform Sales: If an item is sold on a third-party platform (e.g., eBay), additional platform fees will be deducted from the final sale price before calculating your payout. Commission rates are applied to the net amount received after any applicable platform fees are deducted, not the gross sale price.
Lost Designer takes care of the shipment as well as the shipping fee for all items sold on its platform. Lost Designer partners with trusted and reliable shipping carriers to ensure timely and secure delivery of all 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 $150 to cover the authentication process and handling.
Lost Designer will notify the Seller in writing of the finding and the applicable fee. Lost Designer will retain possession of the item until the fee is paid in full. If the Seller fails to pay the applicable fee within thirty (30) days of the date of Lost Designer’s written notification, Lost Designer reserves the right to dispose of the item at its sole discretion, and the Seller will forfeit all rights to the item with no entitlement to any compensation.
Lost Designer will hold the funds for a period of seven (7) days from the date of delivery to the Buyer, in line with the return period. Once this period has elapsed and the funds have cleared, payment will be released to the Seller within 1–4 business days.
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 PTY LTD account, and the Seller receives the full amount of the sale price minus the commission charged by Lost Designer. Payment will be released within 1–4 business days after the holding period has elapsed and funds have cleared. In case of any issues or delay in receiving the payment, please write to us at enquiries@lostdesigner.com.au.
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.
For security concerns, Lost Designer may temporarily disable the sending of payments to the Seller to prevent fraudulent or illicit activity.
For sales made within Australia, Lost Designer will be responsible for paying the Goods and Services Tax (GST) associated with the service fee (commission) charged to the Seller.
Lost Designer acts solely as an agent on behalf of the Seller in facilitating the sale of consigned goods. Title and ownership of the item remains with the Seller until the item is sold to a Buyer.
For Australian tax purposes, only the service fee (commission) retained by Lost Designer is treated as consideration for its services. GST is applied only to this service fee, and not to the full sale price of the consigned item.
The Seller acknowledges and agrees that they are the supplier of the goods to the Buyer for the purposes of applicable tax laws and are responsible for any tax obligations arising from the sale of their goods, including income tax or other applicable taxes depending on their circumstances.
Lost Designer offers an in-store Lay-by arrangement whereby a Buyer may reserve a consigned item by paying a non-refundable deposit, with the remaining balance paid in instalments over an agreed schedule before the item is released to the Buyer.
Where a Buyer enters into a Lay-by arrangement for a consigned item, the item will be reserved and removed from sale for the duration of the Lay-by period. The Seller’s payout will only be processed once the Buyer has completed all instalment payments in full and the standard holding period under clause 5(e) has elapsed.
Lay-by Deposit — Non-Refundable: The deposit paid by the Buyer under any Lay-by arrangement is strictly non-refundable. In the event that a Buyer fails to complete their instalment payments or cancels a Lay-by agreement for any reason, the deposit is forfeited to Lost Designer to cover reservation costs and opportunity cost. The Seller will not be entitled to any portion of a forfeited Lay-by deposit. The item will be relisted for sale upon cancellation of the Lay-by arrangement.
Should the Seller request the early return of a consigned item prior to the conclusion of the Consignment Period (including where a Buyer has placed the item on Lay-by), a non-refundable Early Release Fee of $200 AUD will be charged to the Seller.
This fee covers the administrative processing, removal from sale, photography costs, and any disruption to an active Lay-by or pending transaction. The Early Release Fee must be paid in full before the item will be released or returned to the Seller.
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 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, or designs published by us or our licensors or third parties.
By sending the item(s) to Lost Designer, the Seller authorises 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 licence 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).
All photographs of the items taken 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. Any unauthorised use of the photographs may result in legal action being taken by Lost Designer.
Lost Designer will list and market the item on its website, eBay, and social media platforms 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.
Lost Designer will authenticate all items 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 upon payment of the applicable fee as specified in clause 5(d), subject to the disposal provisions set out therein.
Lost Designer will determine the prices of the item based on the pre-owned market value, and as specified in the payment terms section.
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.
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.
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 whilst they are in Lost Designer’s possession.
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.
Lost Designer will return all unsold items to the Seller at the end of the Consignment Period if the Seller requests such return.
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.
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.
Lost Designer maintains insurance coverage for items while they are in its possession. This includes protection against theft while items are stored, handled, or displayed in-store.
In the event of a theft, Lost Designer will work with its insurer to facilitate a claim.
Where a claim is accepted, compensation to the Seller will be limited to the Seller’s agreed payout amount for the item (being the agreed listing price less Lost Designer’s commission), and will not exceed the amount recovered under the applicable insurance policy.
Lost Designer shall not be liable for any shortfall between the insurance payout and the agreed Seller payout amount.
This coverage applies only while the item is physically in Lost Designer’s possession. Unless otherwise agreed in writing, the Seller remains responsible for the item while in transit to and from Lost Designer.
Lost Designer is committed to ensuring the authenticity of all Products listed for sale on its platform. 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.
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.
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. For watches found to be a fake or a replica, Lost Designer will charge the Seller $150 to cover the authentication process and handling.
Lost Designer will retain possession of the item and will notify the Seller in writing of the finding and the applicable fee. The item will be held by Lost Designer until the fee is paid in full. If the Seller fails to pay the applicable fee within thirty (30) days of the date of Lost Designer’s written notification, Lost Designer reserves the right to dispose of the item at its sole discretion, including by way of destruction, donation, or otherwise. Upon disposal, the Seller will forfeit all rights to the item with no entitlement to any compensation whatsoever.
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.
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.
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.
In case any buyers have complained about any aspect of your item(s), we will look into such complaint, and then take a decision on what action is to be taken. 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.
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.
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.
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.
Except where covered under Lost Designer’s insurance policy, Lost Designer is not responsible for any loss, damage, or theft of products while in its possession. The Seller assumes all risk and liability for their products whilst in transit to and from Lost Designer.
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.
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.
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 whilst consigning your products.
To the maximum extent permitted by law, in no event shall Lost Designer (or our licensors or affiliates) be liable to you or any third party for any financial loss, damage to the item, loss of time, lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use the Platform, even if Lost Designer has been advised of the possibility of such damages. Access to, and use of, the Platform and its consignment services is at your own discretion and risk, and you will be solely responsible for any damage resulting therefrom.
Seller agrees to indemnify Lost Designer, its buyers, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) its consigned item(s); (ii) from its use of the services of the Lost Designer; (iii) from its breach of the Terms or breach of any applicable laws; (iv) its negligence or wilful misconduct; (v) any alleged or actual copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the use of any of the Services.
These Terms and any dispute arising from the same will be governed by applicable laws of the State of Victoria (Australia).
All disputes must first be attempted to be 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.
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: 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 $150 to cover the authentication process and handling. The item will be held pending payment, and if the applicable fee is not paid within thirty (30) days of written notification, Lost Designer reserves the right to dispose of the item in accordance with clause 5(d).
e) Currency: All dollar ($) 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.
h) Survival: 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 supersede any prior understanding or Terms (whether oral or writing) regarding the subject matter.
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 as a result of causes beyond its reasonable control, 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.