Shop Terms & Conditions

These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms & Conditions” or “Terms of Service”) shall govern the relationship between our company:

Company Name: Lost Designer AU ABN: 15 512 389 406

Registered Office: PO BOX 76, Epping VIC 3076, Australia
(hereinafter referred to the “Company” or “Lost Designer” or “us” or “our” or “we”) and you (hereinafter

referred to “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 a consignment store that sells 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 our 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.

1. ACCEPTANCE OF THESE TERMS

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:

1. 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.
2. 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.
3. We must not have previously disabled your account for violation of law or any of our policies.
4. 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.
5. You have read, understood, and consented to our Cookie Policy as well as our Privacy Policy
   statement.

2. ACCOUNTS, PASSWORDS AND SECURITY

• a)  Account: 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.
• b)  Security: 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.

1. c) 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 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.
2. HOW CAN YOU USE THE WEBSITE?

• a)  Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the website.
• b)  Information: 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.
• c)  Raising Dispute: 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.
• d)  Material: 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.

• a)  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.
• b)  You cannot purchase the products on our website for the purpose of resale.
• c)  You cannot impersonate others, create duplicate accounts, or provide inaccurate
  information about yourself.
• d)  You may be able to leave your feedback after purchasing products from our Etsy
  store. 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.
• e)  You are prohibited from providing paid or other ingenuine feedback.
• f)  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.
• g)  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.

• h)  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.
• i)  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.
• j)  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.

In case of your violation or non-compliance of any of the terms mentioned in these Terms, we reserve the right to suspend or terminate your account or your access to the website or our services, at our sole discretion.

9. LINKS TO THIRD-PARTY WEBSITES

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.

10. ORDERS, PAYMENTS, AND TAXES

• a)  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.
• b)  You shall be responsible to bear all the applicable taxes (wherever applicable).
• c)  All prices are stated in AUD (Australian Dollar), unless stated otherwise.
• d)  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.
• e)  We reserve the right to modify the prices of the items listed on our website and Etsy store, or discontinue certain products at any time without any prior notice.

• f)  Additionally, during the listing, we may contact the customer and ask whether they wish to reduce the sale price.
• g)  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.
• h)  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.

11. LEGAL DISCLAIMER

• a)  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 color 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.
• b)  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.
• c)  Lost Designer makes every effort to ensure that all items listed on our website are genuine and accurately described. However, we do not guarantee the authenticity or accuracy of any items listed on our website, and we do not accept any liability for any errors or omissions in the descriptions of the items.
• d)  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.
• e)  Lost Designer does not provide any warranties or guarantees with respect to the items listed on our website, and all items are sold "as is" and "where is" without any warranty or guarantee of any kind, express or implied. Lost Designer is not liable for any defects, damage, authenticity, or other issues that may arise with respect to any item listed on our website.

• f)  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.
• g)  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.
• h)  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.
• i)  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.

12. LIMITATION OF LIABILITY

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.

13. INDEMNITY

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:

• a)  Your violation of ours or any third-party right;
• b)  Your wrongful or improper use of our services or our website;
• c)  Your violation of any applicable laws, rules, or regulations;
• d)  The indemnifications set forth above will survive the termination or expiration of these
  Terms and/or your use of our Services.

14. GOVERNING LAW AND DISPUTE RESOLUTION

1. Governing Law: these Terms and any dispute arising from the same will be governed by
   applicable laws of the State of Victoria (Australia).
2. 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.

15. NOTICES

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.

16. MISCELLANEOUS

1. 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.
2. Headings: The section headings are for convenience only and shall not control or affect the
   meaning or construction of any provision of these Terms.

1. 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.
2. 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.
3. 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.
4. 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.
5. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
6. 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.
7. 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.
8. Force Majeure: Lost Designer and its third party service providers (such as delivery fulfillment 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.

1. 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.
2. 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
  18. FEEDBACK AND INFORMATION
  
  

We welcome your questions or comments regarding these Terms. You can write to us via email:
enquiries@lostdesigner.com.au