WEBSITE TERMS & CONDITIONS
WEBSITE TERMS & CONDITIONS
This Site is owned and operated by THE CONSIGN PTD LTD ACN 630 916 264, with By accessing this Site and making any purchases from this Site, you agree to the Terms and Conditions set out below. If you do not agree to abide by these Terms and Conditions, then do not access or use this Site.
In these Terms and Conditions, the following words and phrases have the following meanings, unless the context requires otherwise:
(a) “Fees” means the relevant fees, if any, as set out on the Site to be paid by you to have access to and receive the services provided on the Site;
(b) “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, service marks or trademarks, designs, patents, know-how, circuit layouts, software, business and domain names, inventions and other results of intellectual activity;
(d) “Site” means any site owned by us and all parts and pages of it;
(e) “Software” means any software which is required by, relevant to, or used in conjunction with the Site including but not limited to all object and source codes, copyright, inventions, discoveries, novel designs whether or not registrable as designs or patents including any invention of or development or improvements to equipment, technology, methods or techniques relating to the software;
(f) “us” means The Consign Pty Ltd 630 916 264 and “we” or “our” will be interpreted accordingly; and
(g) “you” means the person or entity that accesses the Site and “your” will be interpreted accordingly.
- ACCESS TERMS
(a) Your use of this Site is by non-exclusive licence granted by us strictly in accordance with these Terms and Conditions.
(b) You acknowledge and agree with us that you will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation Intellectual Property Rights) in the Software, or the Site other than the non-exclusive rights granted in accordance with these Terms and Conditions.
(c) The Site is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not intended to be used by persons under 18 years of age. If you do not qualify, please do not use our services.
(d) In order to use this Site, you require the equipment and connections necessary to access the World Wide Web. You are responsible for:
(i) the provision of any such connection or access to the World Wide Web;
(ii) the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
(iii) the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.
(e) Subject to your compliance with these Terms and Conditions, we may grant to you a non-exclusive, non-transferable licence to use the Site on these Terms and Conditions.
- BROWSING AND SALES
(a) We guarantee that all products for sale on our Site are authentic.
(b) The products for sale on our Site are pre-owned and are in the condition depicted on the respective product page.
(c) All efforts have been made to photograph and describe the products clearly and accurately. The colour of our products may differ to the colour depicted in photographs due to differing lights.
(d) We are not affiliated with the designers/companies whose products we sell and nor do we represent to be.
(e) We do not accept returns for change of mind. For purchased items which are not as described, then you may return the product to us provided that you comply with our Returns policy. Should a customer misuse this by returning excessively, returning a fake item or attempting to re-sell the item before seeking a return (in which case the item would also be deemed to be used), then the customer will not be eligible for a return. All other items returned pursuant to our Returns Policy will be refunded in full. To initiate a return you must notify us by email by 5pm (EST) on the final day of the returns period. For the purposes of calculating the returns period, this period commences on the day the item is delivered, that day being counted as day 1, and ends at 5pm (EST) on the final counted day of the returns period. You must then promptly comply with our directions for return shipment of the product following the return being initiated, to ensure its immediate return. Noting that our items are all one-off, it is imperative that you send back the item for return immediately upon our return instructions being given. Upon our return instructions being given, any delay in sending the item for return will result in the item being ineligible for return.
(f) If in the unlikely event we are not able to fulfil an order for a product that you have purchased from us, we will immediately issue you with a full refund of any monies you have paid us for that product. We reserve the right to cancel an order for any reason, including in the event of an error, and in such case we will refund any monies paid.
(g) Upon purchase, we will ship the purchased product to you by Australia Post. You or another person at your nominated address must sign for your product to accept receipt and you are responsible for ensuring that any person signing for receipt of the product is authorised to do so. Upon yourself or another person accepting receipt of your product, the risk and title in the product is deemed to pass to you.
(h) If you consign any products via our Site, then your consignment will also be subject to our Consignment Terms. We reserve the right to not accept an item for consignment for any reason.
(i) Payment of a product by ZipPay or ZipMoney is subject to ZipPay's or ZipMoney's terms and conditions (available via their website: https://zippay.com.au or https://zipmoney.com.au/). All payment and repayment matters relating to a ZipPay or ZipMoney payment are to handled between ZipPay / ZipMoney and the customer, and are not the responsibility of The Consign.
(l) Payment of a product by Afterpay is subject to Afterpay's terms and conditions (available via their website: https://www.afterpay.com/). All payment and repayment matters relating to an Afterpay payment are to handled between Afterpay and the customer, and are not the responsibility of The Consign.
- PAYMENT OF FEES
(a) For all payments of Fees as set out on the Site, payment is required at the time specified on the Site.
(b) Any references to the retail price of a product when new refers to the price in today's dollar equivalent of the approximate price that the item retails for currently or in the case of discontinued production bags, today's dollar equivalent of the last price the bag retailed for new. These price references are strictly estimates only to be used as an indication only. It is up to you to make your own enquiries and satisfy yourself with the price of a product when new and the price you pay to purchase a product from us.
(c) 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 you are responsible for the cost of all taxes, duties and other charges whatsoever of importing the product into your country, and you are responsible to adhere to any importing procedures of your country in order to receive delivery of the product.
(d) If we use a third party supplier for the payment of the Fees you will be directed to this third party supplier when attending to payment of the Fees and all payments are subject to the third party supplier’s terms and conditions and policies and you should read these before proceeding with your payment.
- USE OF SITE
(a) In relation to the Site you must not:
(i) make the details of your user name or password available to any unauthorised third party;
(ii) download and store electronically, reproduce, transmit, display, copy, distribute or use the Software or any materials contained in the Site except for research or personal use or as otherwise authorised by us;
(iii) sub-license, rent, lease, transfer or attempt to assign the rights in the Site or the Software to any other person and any dealing in contravention of this sub-clause shall be ineffective;
(iv) make the Site available on a network;
(v) use the Site or the Software except as permitted by these Terms and Conditions;
(vi) allow any other person to use the Site other than in accordance with these Terms and Conditions;
(vii) upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Site or another’s computer or property of another; or
(viii) input any material which is subject to Intellectual Property Rights of us or any third party.
(b) You must keep your user name and password and any other account names, tokens or log in identifications required to access the Site secure and confidential. You must notify us immediately of any unauthorised use of your username or password or any other breach of security.
- SYSTEM INTEGRITY AND USER CONDUCT
(a) Without limiting clause 5, you must not use the Site or any of our other communication mediums, including any social media platform, to:
(i) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(ii) input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
(iii) input, upload, post, disclose or transmit any material which is subject to Intellectual Property Rights of Us or any third party or breaches any duty of confidence or contractual obligation owed to Us or any third party;
(iv) input, upload, post, disclose or transmit any material that is unlawful or violates any law;
(v) send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 to any person or company;
(vi) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
(vii) conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
(viii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(ix) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
(x) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
(xi) collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation, tax file number information and email addresses;
(xii) breach the Privacy Act 1988 (as amended from time to time), or the Australian Privacy Principles; or
(xiii) contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
(b) You acknowledge and agree that you must not:-
(i) use the Site for any purpose other than the purpose for which it was designed and intended;
(ii) commit or permit any act which may interfere with the use of the Site by any other user;
(iii) tamper with, hinder the operation of or make unauthorised modifications to the Site or any part thereof;
(iv) copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Software or any content within the Site or any part thereof; or
(v) damage, modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Software or any content within the Site or any part thereof in any way.
(c) You acknowledge and agree that any material contributed by you on our Site, Facebook or other media may be removed by us at our discretion and we shall accept no liability for any loss or damage caused by or in connection with such removal.
(d) You must not without prior written consent of us which shall be given, given with conditions or withheld at our absolute discretion:-
(i) affix or otherwise display your name or logo on the content of the Site in a way that suggests a direct or indirect association with us and/or any content provider to the Software or the Site; or
(ii) use another user's username or password.
- LINKS AND ADVERTISING
(a) This Site may contain links to third party websites. Those websites are not under the control of us and we are not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.
(b) Neither we nor our officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.
(c) The Site may contain advertisements for third parties' goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither we nor our officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.
(d) You may link the Site from any other website not owned or operated by us without prior written consent from us, however, you acknowledge and agree that we reserve the right to block or otherwise disallow such links at our discretion.
- INTELLECTUAL PROPERTY RIGHTS
(a) The information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the "Content") is protected by Intellectual Property Rights.
(b) The Content, the Software, and the Site are protected by copyright laws and other Intellectual Property Rights. You acknowledge that we are the owner of these rights, with our affiliates or other third party licensors.
(c) All product and company names and logos contained within the Site are the trademarks, service marks or trading names of their respective owners, including us.
(d) You acknowledge and agree that no right, title or interest in any of the Intellectual Property Rights in the Content, the Software, or the Site is transferred or granted to you, other than the rights granted expressly by these Terms and Conditions.
(e) You agree that:-
(i) without limiting any other term, Clause 6 applies to the Content;
(ii) any Intellectual Property Rights created, formulated or discovered by you through the use or access to the Software, or the Site will be the sole and exclusive property of us including but not limited to any content and/or work or material created, formulated or developed by you and submitted by you through the use or access to the Software or the Site;
(iii) You will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in the Intellectual Property Rights created under to us.
- ENGAGEMENT AND FEES
(a) Your use of the Site or your completion of any forms or tables on the Site does not automatically create a relationship of any sort between you and us, including that of client and agent.
(b) Any Fees indicated on the Site are subject to change without prior notice.
- INFORMATION PROVIDED AND PRIVACY
(i) Whilst interacting on the Site we may collect the data of your IP address or other data that you expressly provide us. We will only collect and use such data as is necessary for you to use our services. In respect of orders placed, your name, address and phone number. In respect of our sell form or contact form, this is the information necessary to respond to your enquiry. In respect of our newsletters, this is your name and email address. (collectively referred to as the “Personal Information”), By providing the Personal Information in those specific purposes, you consent to our collection and use of that data for the purposes for which you have provided it. In our sell form or contact form if we ask how you came across our Site, your response is not used to market to you and only serves as a broad understanding to us of what broader marketing strategies are effective for us.
(ii) Information that you provide us through checkout or other contact forms is used for customer service records and will not be used to market to you, and you will only receive marketing emails from us if you have expressly elected to receive those. You may opt out of marketing emails from us at any time by selecting the unsubscribe link on the email or by emailing us at firstname.lastname@example.org
(iii) you must ensure that any Personal Information you provide to us is correct;
(iv) by accepting these Terms and Conditions, you agree to the use of the Personal Information for the purpose of us providing the Site. If you would like to review, receive an exported copy of or erase any part of your Personal Information which is held by us, then you may do so by emailing such request to us at email@example.com.
(a) We will keep in confidence your Personal Information and will not disclose that information to any person without your written consent.
(b) Clause 11(a) will not apply to:
(i) information which we are required to disclose by the Australian Taxation Office, a court of competent jurisdiction, any government body or applicable regulatory authority or any other person or bodies having a right, duty or obligation to request such information and then only in pursuance of such right, duty or obligation.
(c) This clause 11 will remain in effect not withstanding termination or expiry of your use of the Site.
(a) We do not warrant that:
(i) the Software, or the Site will provide any function for which it is not specifically designed;
(ii) the Software or the Site will provide any minimum level of performance; or
(iii) the Software or the Site will be virus free or free of performance anomalies or be operational without interruption.
(b) You warrant to us that at the time of entering into the Site, you were not relying on any representation made by us.
(c) Except as expressly provided to the contrary, and to the extent permitted by law, we make no representations or warranties of any kind, express or implied as to the operation of your access to or the results of your access to the Software or the Site (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or products included on the Site.
- DISCLAIMER AND LIMITATION OF LIABILITY
(a) This Site is provided by us on an "as is" basis without any express or implied warranty of any kind.
(b) The Software or the Site may contain inaccuracies or typographical errors.
(c) The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
(d) We may change any of the material on the Site at any time without notice and makes no commitment to update any material on the Site.
(e) If you purchase any products from the Site, you acknowledge that such products are not in a new condition and are sold in the pre-owned condition listed on the Site for each product. You acknowledge that the “price if new” price specified for a product on our Site is an approximation only based on our reasonable enquiries and that the actual price of that product if new may vary.
(f) You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site.
(g) You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Site or the material on or accessible through the Site.
(h) You release us and our officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through the Site, even if we have been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
(i) Without limiting clause 13(g), you release us from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on the Software or the Site, whether or not caused by any negligent act or omission including but not limited to:-
(i) your reliance on the Software or the Site;
(ii) the statements or actions of any employee or agent of ours;
(iii) any unauthorised access to or alteration of your transmissions or data;
(iv) any information that is sent or received or not sent or received;
(v) any failure to store or loss of data or files or other content;
(vi) your fraudulent, negligent or otherwise unlawful behaviour;
(vii) any delay or interruption of the Software or the Site;
(viii) any loss incurred as a result of a third party obtaining your access details, either with or without your knowledge; or
(ix) any loss or damages in relation to the supply of services on or in relation to this Site and any advertisement placed on the Site or information made available on the Site.
- RELEASE AND INDEMNITY
You agree to release and hold harmless and indemnify and keep indemnified us, and our officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs suffered by you (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person in relation to or in connection with your use of the Site, the Software, the Content or your failure to comply with these Terms and Conditions, or from your violation of any applicable law or the access to the Site by a third party, either with or without your knowledge.
You acknowledge and agree that these Terms and Conditions apply to updates, supplements, add on components, or internet based services components of the Software and the Site together with any other terms along with the update, supplement, add-on component or internet based services components which we provide.
- BREACH AND TERMINATION
(a) We reserve the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that we believe, in our sole discretion:
(i) violates any term or provision of these Terms and Conditions; or
(ii) violates the rights of us or any third party; or
(iii) is otherwise inappropriate for continued access and use of the Site.
(b) We may terminate your right to access to, or use of, all or part of the Site, immediately on written notice to you, if you:
(i) commit a material breach of these Terms and Conditions, which is capable of remedy, and you fail to remedy the breach within a reasonable time of a written notice to do so; or
(ii) commit a material breach of these Terms and Conditions which cannot be remedied; or
(iii) are repeatedly in breach of these Terms and Conditions; or
(iv) fail to pay any Fees or charges payable for the access to and use of the Site pursuant to these Terms and Conditions.
(c) Termination of your access to the Site shall be without prejudice to the rights of the parties accrued before termination. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.
(a) Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
(b) We may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.
(c) We shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of us, including any form of technological failure or the actions of third parties.
(d) These Terms and Conditions constitute the entire agreement between you and us with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
(e) No oral explanation or information provided by a party to another affects the meaning or interpretation of the Terms and Conditions or constitutes any collateral agreement, warranty or understanding.
(f) If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed severed to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
(g) The failure by us to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of ours in respect of any existing or subsequent breach of these Terms and Conditions.
(h) No waiver by a party of a provision of these Terms and Conditions is binding unless made in writing.
(i) The law of Victoria, Australia, govern these Terms and Conditions. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Victoria and the Commonwealth of Australia for any cause of action relating to or arising under these Terms and Conditions.
(j) We operate the Site in Australia. Information contained on the Site may not be appropriate or available for use in other locations. If you access the Site from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.
(k) Where possible, the obligations of the parties under these Terms and Conditions will indefinitely survive the finalisation or discontinuance of these Terms and Conditions.
(l) These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
(m) The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms and Conditions.
(n) The rights and remedies of a party to these Terms and Conditions are in addition to the rights or remedies conferred on the party at law or in equity.
(o) The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
(p) Any notice or demand in writing required to be given by one party to the other shall be sufficiently served if:-
(i) served personally or by pre-paid mail to the party’s address;
(ii) sent by facsimile machine to the party’s facsimile machine;
(iii) sent in electronic form by email to the party’s email address; or
(iv) published by notice on the Site.