Consignment Terms

CONSIGNMENT AGREEMENT

This Consignment Agreement (Agreement) is between Luxury With a Cause Pty Ltd trading as Tašna X (Tašna, we, us), and the individual consignor named below (Consignor, you).

Recitals: 

A. Tašna is engaged in the business of selling and marketing authentic, high-end designer items on a consignment basis. 

B. You would like to consign certain items to Tašna for the purpose of facilitating a sale of such items by Tašna pursuant to the terms and conditions set out in this Agreement.

In consideration of the mutual promises contained in this Agreement, the receipt and sufficiency of which is acknowledged, the parties agree as follows:

1. Consignment Items

(a) You agree to make available to Tašna, on a consignment basis, such items as may from time to time be presented by you and accepted by Tašna (each, a Consignment Item). 

(b) In providing your Consignment Item to us, you represent and warrant that the Consignment Item is authentic and made by the designer stated on the item label and that you have sole and unencumbered title to the Consignment Item. 

2. Delivery of Consignment Item(s)

(a) Consignment Items may be delivered to Tašna by our nominated courier or shipped via registered post (through Australia Post).

(b) Where you choose to have your Consignment Item collected by our courier, we will arrange for the courier and pay the relevant courier fee. You must follow our directions for shipping including ensuring that you attend at your nominated collection address during the collection window agreed with the courier.

(c) Where you choose to have your Consignment Item shipped to Tašna via Australia Post, you must print the post label provided by us and take the item to an Australia Post office for shipping. 

(d) You must ensure that your Consignment Item is securely packed in a sturdy box to ensure that it is protected during the shipping process. 

(e) You assume all risk of loss or damage to a Consignment Item while it is in transit until the Consignment Item is unpacked and reviewed by us.

3. Inspection of Consignment Item(s)

(a) Upon receipt of your Consignment Item we will inspect the item to ensure that it is in the condition represented in the initial photos provided to us and we will also arrange for the Consignment Item to be authenticated by a reputable authenticator.

(b) Once this process has been completed we will email you and confirm the proposed selling price. The price will be the same as what we originally quoted to you, unless the condition or any features of your Consignment Item are different to how they appeared when you originally submitted your consignment request to us. If we need to change the price to what was originally quoted we will email you and seek your confirmation of agreement to the new price. We will then list your item on our website. You also agree that we can market your item on via our social media pages and continue to use images of your Consignment Item on our website and social media pages even after the item is sold.

(c) If you advise that you are not satisfied with the proposed listing price, we will arrange for the return of your item to you at your cost.

(d) Please note that our selling price is based on the best selling price that we consider can be achieved having regarding to the current price of similar items in the market.

4. Authenticity

(a) If upon inspection of your Consignment Item our authenticators determine your item to be a replica, we will return the item to you upon payment of a fee of $250. The fee covers our authentication process, administration fees and shipping fees. The fee must be paid within 14 days of us notifying you of the authentication outcome. If we don’t receive the payment within 14 days we will destroy the Consignment Item. Fees for replica items will remain due and payable by you until we receive the funds in full and you agree that such fees may be offset against any other monies payable by us to you.

(b) If any Consignment Item is found to be stolen or a replica and Tašna is found liable for the sale of the stolen or counterfeit Consignment Item, or if Tašna incurs any liability from such an item, you acknowledge that the indemnification provisions set out in Section 9 apply. 

5. Listing on our Website

(a) We will list your item on our website for the agreed price and include photos and the description of the item and its condition. You agree for your item to be listed on our website for 60 days from the initial listing date (Listing Period). 

(b) During the Listing Period you may contact us or we may contact you to discuss whether the selling price should be reduced. We will not amend the price unless you agree for us to do so.

(c) In the event that your item does not sell during the Listing Period, you may choose to continue listing the item for the same or lower price for a further 30 days or such other timeframe as agreed by us (Extended Listing Period). Alternatively you may elect for the item to be returned to you, in which case we will cover the cost of shipping.

(d) Should you request for the item to be returned to you prior to the expiry of the Listing Period, an administrative fee of $100 will need to be paid by you.

6. Efforts to Sell

(a) We will use our best endeavours to sell your item for the agreed price, but we cannot provide any guarantee that your item will sell.

(b) We reserve the right to discontinue with the sale of your Consignment Item for any reason. We will not be liable in any manner if we exercise our right to discontinue the sale.

7. Payment and Consignment Fee
Upon the sale of any Consignment Item to one of your customers, and provided that the customer has not exercised their right to return the item within 7 days from purchase, we will arrange for the transfer of 75% of the sale price into your nominated bank account within 15 days of the date of final sale of your item. Tašna will retain the balance of the sale price (25%) as our consignment fee. Tašna agrees to donate at least 5% of the consignment fee to a nominated charity.

Upon payment of the net sale price to you, your sale to us is finalised, with the exception of any items which are found not to be authentic.

8. Title and Risk

(a) Title to and ownership in each Consignment Item will remain with you until such Consignment Item is directly or indirectly sold by Tašna.

(b) When sending the Consignment Item by our courier, you assume all responsibility and risk for the Consignment item until it is collected by our courier. Upon collection by our courier, we assume the responsibility and risk whilst in transit and in our possession. Alternatively, if you elect to send the Consignment Item to us by Australia Post, you must obtain the tracking number from Australia Post at the time of shipment and email this to us at the time of sending. You assume the responsibility and risk whilst in transit until the Consignment Item is in our possession.

(c) In the event that any loss or damage occurs to the Consignment Item whilst in transit with our courier or whilst in our possession and such loss or damage is not caused or contributed to by your negligent act or omission, then we will be responsible to you for the cost of such loss of damage, limited to the market value of your item.

(d) We will otherwise not be liable to you in any circumstances for loss, damage or any claims, provided we have complied with our obligations as set out in this Agreement, and in no circumstances will we be responsible for any consequential loss.

(e) You indemnify us for any loss, damage or claim incurred by us as a result of your negligent act or omission or breach of this Agreement.

(f) In that event that you do not comply with a provision of this Agreement, then we may advise you that we wish to end the consignment arrangements between ourselves and (if applicable) you will pay the shipping fee for us to return your item to you.

9. Representations, Warranties and Indemnity

You represent and warrant that (i) you are the sole legal owner of each Consignment Item and (ii) you have obtained each Consignment Item in a legal manner with clear title to each Consignment Item. You represent and warrant that any description of any Consignment Item provided by you to Tašna is complete, true, and accurate, and no defects have been discovered in the item(s) that you have not disclosed. You further warrant that (a) no Consignment Item infringes upon or violates any trademark, copyright, or other proprietary right of any third party, any state or federal law, or any administrative regulation, (b) that all Consignment Items presented to Tasna are authentic and (c) that you have not made any misrepresentations with respect to the authenticity of any Consignment Item. 

In the event that any Consignment Item is found to be a replica, you agree to assume all liability with respect to the infringing good(s). Furthermore, you agree to release, hold harmless, defend, and indemnify Tašna and its officers, directors, shareholders, agents, and employees from any and all liability, including legal fees and costs, with respect to any claims that may arise out of Tašna’s display, transport or sale of any Consignment Item for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation. You further represent and warrant that by signing this Agreement, no rights of any third parties or trademark holders will be violated.

10. Choice of Law; Jurisdiction

The laws of the State of Victoria shall govern this Agreement, excluding any conflict of laws rules. 

11. Electronic Signatures, Acceptance and Variation

(a) For purposes of this Agreement, use of e-mail or other electronic medium, including use of the Electronic Signature Consent below, shall have the same force and effect as an original signature.

(b) The link to these terms and conditions will be provided to you via email prior to you sending your item for consignment. We will ask you to accept the terms by return email. Alternatively, by shipping your item to us your actions constitute acceptance of this Agreement and your intention to be bound by its terms. 

(c) The terms of this Agreement represent the entire agreement between you and us regarding the consignment of your Consignment Item, and supersede any prior arrangements. 

(d) No variation to these terms and conditions is made unless the parties mutually confirm by email to make such variation.

If you have any queries regarding these terms, please contact us at contact@tasna.com.au