Terms of service
OVERVIEW
This website is operated by My Store. Throughout the site, the terms “we”, “us” and “our” refer to My Store. My Store offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1: Effect of terms
SUBSECTION 1.1
The terms of this agreement (Consignment Agreement) apply to:
i. all contracts of consignment for high-fashion designer items (Consigned Goods) entered into with Collinsrain Luxury Consignment Pty Ltd ABN 40 673 529 185 (Collinsrain Luxury) and the individual consignor referred to in Consignment Agreement (Consignor); and
ii. all Consigned Goods delivered to Collinsrain Luxury by the Consignor on consignment for sale by Collinsrain Luxury.
SUBSECTION 1.2
By delivering Consigned Goods to Collinsrain Luxury, the Consignor confirms having read, understood, and agreed to this Consignment Agreement.
SECTION 2: Appointment
SUBSECTION 2.1
The Consignor appoints Collinsrain Luxury as its agent to sell Consigned Goods on its behalf.
SUBSECTION 2.2
The Consignor authorises Collinsrain Luxury to effect a sale of Consigned Goods at the prices agreed between the parties in writing.
SECTION 3: Consignment
SUBSECTION 3.1
Where the Consignor is interested in consigning an item with Collinsrain Luxury, it shall place an enquiry with Collinsrain Luxury, either via Collinsrain Luxury’s WeChat, Instagram, WhatsApp (+61451982357), or email (collinsrainptyltd@gmail.com), with details of the item and proposed retail price.
SUBSECTION 3.2
Upon receipt of an enquiry, Collinsrain Luxury will confirm in writing whether it can accept the item, together with details of the agreed Retail Price and delivery terms. Collinsrain Luxury is under no obligation to accept a contract of consignment, including where the item does not form part of Collinsrain Luxury’s list of accepted high-fashion designer brands (as amended from time to time).
SECTION 4: Delivery of Consigned Goods
SUBSECTION 4.1
Delivery
i. Upon acceptance of the terms of a consignment under clause 3, the Consignor shall deliver Consigned Goods to Collinsrain Luxury at the address of Collinsrain Luxury notified to the Consignor from time to time. The Consignor will be responsible for all costs of packing, insuring, and shipping the Consigned Goods to Collinsrain Luxury.
ii. Upon each delivery of Consigned Goods to Collinsrain Luxury, the Consignor must deliver a written notice (Consignment Notice) setting out the details of the Consigned Goods delivered to Collinsrain Luxury.
iii. Unless Collinsrain Luxury disputes a Consignment Notice within 7 days of receipt, the Consignment Notice is binding on the parties and conclusive as to the details set out therein.
SUBSECTION 4.2
Warranties
i. Upon delivery of Consigned Goods, the Consignor warrants to Collinsrain Luxury that:
it has good title to, and is the beneficial owner of, Consigned Goods;
the Consigned Goods do not and will not infringe any rights of third parties;
the Consigned Goods:
a. are authentic in quality and design;
b. are free from defects in design, materials, and workmanship;
c. are of merchantable quality;
d. match their description as set out in the Consignment Notice; and
the Consignor has not made any misrepresentations with respect to the authenticity of the Consigned Goods.
SECTION 5: Authenticity
SUBSECTION 5.1
Within 3 business days of acceptance of the Consigned Goods, Collinsrain Luxury will authenticate the Consigned Goods.
i. Where the Consignor is in breach of the warranties in clause 4.2(c) or 4.2(d), and Collinsrain Luxury discovers that the Consigned Goods are not authentic (Unauthentic Goods), Collinsrain Luxury will:
terminate the consignment, and require the Consignor to collect any Unauthentic Goods in Collinsrain Luxury’s possession; and
claim a refund for any Unauthentic Goods which have been sold by Collinsrain Luxury to customers.
Where an item is found to be Unauthentic there will be a compensation fee of $200.
SECTION 6: Obligations of Collinsrain Luxury
SUBSECTION 6.1
Receipt of Consigned Goods
i. Upon acceptance of the Consigned Goods, Collinsrain Luxury must store all Consigned Goods in a clean, secure environment and otherwise in a manner which is not reasonably likely to result in damage to or deterioration of Consigned Goods, or the Consigned Goods ceasing to be of merchantable quality.
SUBSECTION 6.2
Marketing of Consigned Goods
i. Consignor grants to Collinsrain Luxury the right to photograph the Consigned Goods, and to use such photographs and images for the purpose of advertising and promoting the Consigned Goods, in the store, on its website, and on social media.
ii. Within 5 Business Days of acceptance of the Consigned Goods, Collinsrain Luxury will advertise the Consigned Goods in store and upload professional photos of the Consigned Goods to Collinsrain Luxury’s website.
iii. Collinsrain Luxury makes no representations and accepts no liability for Consigned Goods which fail to correspond with any descriptions provided by the Consignor.
SECTION 7: Consignment Period
SUBSECTION 7.1
The consignment period for the Consigned Goods commences on delivery of the Consigned Goods to Collinsrain Luxury’s warehouse store and continues for a period of six weeks thereafter, unless otherwise agreed in writing between the parties (Consignment Period).
SUBSECTION 7.2
If, at any time during the initial six weeks of the Consignment Period, the Consignor wishes to collect an item from Collinsrain Luxury, the Consignor will be liable to pay Collinsrain Luxury a penalty fee of $200 per item.
SUBSECTION 7.3
Subject to clause 7(b), the Consignor may request the return of any Consigned Goods at any time during the Consignment Period.
SUBSECTION 7.4
If the Consignor makes a request under clause 7(c):
i. The Consignor will be liable for all costs of collecting, insuring, and shipping the Consigned Goods from Collinsrain Luxury’s store; and
ii. Collinsrain Luxury shall remove any listing of any returned Consigned Goods from Collinsrain Luxury’s website and other selling platforms within a reasonable period of time.
SUBSECTION 7.5
The Consignor agrees to provide the Consignor’s credit card information to Collinsrain Luxury for the sole purpose of processing the Early Termination Fee and other authorised payments in accordance with this Consignment Agreement. The Consignor authorises Collinsrain Luxury to charge the Consignor’s credit card on file for all payments and fees in accordance with this Consignment Agreement, including but not limited to the Early Termination Fee.
SECTION 8: Payment and Commission
SUBSECTION 8.1
Within 5 Business Days following the sale of Consigned Goods to a customer, Collinsrain Luxury will pay the Consignor the net price for the Consigned Goods, equal to the Retail Price less the Commission payable to Collinsrain Luxury (calculated in accordance with the commission rates in clause 8(b)).
SUBSECTION 8.2
Collinsrain Luxury will receive Commission on Consigned Goods:
Collinsrain Luxury will receive Commission on Consigned Goods of Handbags:
i. $0-2000: $220
ii. $2001 - 12000: 12%
iii. $6000 - 19,999: 10%
iv. over $12000: 10% + $200
Collinsrain Luxury will receive Commission on Consigned Goods of All Watches:
i. 12% of sale price
SUBSECTION 8.3
Collinsrain Luxury may, without limiting any other rights or remedies it may have, set off any amounts owed to it by the Consignor under this Consignment Agreement against any amounts payable by Collinsrain Luxury to the Consignor.
SECTION 9: Shipping
SUBSECTION 9.1
Where Consigned Goods are purchased through Collinsrain Luxury’s website, the Consigned Goods will be shipped from Collinsrain Luxury’s store within 3 business days. All items will be shipped with DHL express, unless otherwise agreed.
SUBSECTION 9.2
Collinsrain Luxury will pay all costs and expenses (including the costs of packing and shipping)
i. sending sold items of Consigned Goods to customers;
ii. receiving sold items of Consigned Goods which are returned by customers; or
iii. returning unsold items of Consigned Goods to the Consignor.
SUBSECTION 9.3
Where an item of Consigned Goods is sold to a customer, Collinsrain Luxury may invoice the customer for the costs of packing and shipping the item. For the avoidance of doubt, the amounts paid by the customer for packing and shipping costs will not be taken into account in determining the net price payable to the Consignor.
SUBSECTION 9.4
The parties acknowledge that the customer will be solely liable for the costs of duties and taxes where the Consigned Goods are to be shipped outside of Australia.
SECTION 10: Title and Risk
SUBSECTION 10.1
Title to Consigned Goods
i. The Consignor will at all times retain title to, and ownership of, items of Consigned Goods, until it passes by law or by clause 10.1(b).
ii. Title to, and ownership of, sold items of Consigned Goods will pass to a customer upon sale to the customer.
SUBSECTION 10.2
Risk in Consigned Goods
i. Risk in all Consigned Goods passes to Collinsrain Luxury upon the delivery of the Consigned Goods to Collinsrain Luxury.
ii. Collinsrain Luxury will be responsible for any loss of or damage to Consigned Goods following delivery of the Consigned Goods until the Consigned Goods are sold and delivered to customers.
SECTION 11: Indemnity
The Consignor will indemnify Collinsrain Luxury against all loss incurred or suffered by Collinsrain Luxury arising out of, in relation to, or in connection with the breach of this Consignment Agreement by the Consignor.
SECTION 12: Termination
SUBSECTION 12.1
Either party may terminate this Consignment Agreement at its absolute discretion by giving 30 days’ written notice to the other party, subject to payment of the Early Termination Fee under clause 7(b) (where applicable).
SUBSECTION 12.2
Upon expiry or termination of this Consignment Agreement, Collinsrain Luxury must return all unsold Consigned Goods in its possession to the Consignor at the Consignor’s sole cost and expense.
SECTION 13: Relationship
The parties agree that:
nothing in this Consignment Agreement creates or will be deemed to create a relationship of partnership, trust, agency, or joint venture between the Consignor and Collinsrain Luxury;
neither party has any power to incur obligations on behalf of, or pledge the credit of, another party in any manner; and
unless expressly stated otherwise, a party has no authority to act for, or to create or assume any responsibility or obligation for, another party.
SECTION 14: Customer Purchases
SUBSECTION 14.1
Purchases can be made via Instagram, the website, or via our store (908/201 Collins Street, Melbourne VIC 3000).
SUBSECTION 14.2
Shipping is available at an additional cost to the customer.
SUBSECTION 14.3
All items are shipped via DHL express.
SUBSECTION 14.4
Collinsrain Luxury does not take responsibility for the packaging being damaged during transit.
SUBSECTION 14.5
Collinsrain Luxury does not take responsibility if the client provides incorrect shipping details.
SUBSECTION 14.6
Collinsrain Luxury does not take responsibility for any items being lost in transit.
SUBSECTION 14.7
On the rare occasion a pricing error may occur in-store, online, or in verbal communication between the two parties. In this instance, Collinsrain Luxury has the right to request for the difference to be paid. This can be by straight payment or a payment plan of various options but only up to 6 months maximum. An alternative option is the item can be returned to Collinsrain Luxury consignment and funds returned to the customer. Funds will be returned within 3 business days. Collinsrain Luxury has up to 14 days after purchases are received by the customer to request extra payment in case of a pricing error.
SECTION 15: General
SUBSECTION 15.1
Victoria Law governs the terms of this Consignment Agreement. Each party irrevocably submits to the non-exclusive jurisdiction of the Victoria courts and courts competent to hear appeals from those courts.
SUBSECTION 15.2
If any provision of these terms is illegal or unenforceable it may be severed, and the remaining provisions continue in force.
SUBSECTION 15.3
This Consignment Agreement may only be amended by written agreement between all parties.
SUBSECTION 15.4
A party may only assign this Consignment Agreement or a right under this Consignment Agreement with the written consent of the other party.
SUBSECTION 15.5
This Consignment Agreement supersedes all previous agreements about its subject matter. This Consignment Agreement embodies the entire agreement between the parties.
SUBSECTION 15.6
Each party must do all things reasonably necessary to give effect to this Consignment Agreement and the transactions contemplated by it.
SUBSECTION 15.7
Each party bears its own costs in relation to the preparation and signing of this Consignment Agreement.
SUBSECTION 15.8
All references in this Consignment Agreement to AUD or $ are to Australian dollars, unless otherwise stated.
SUBSECTION 15.9
A notice, consent, or communication under this Consignment Agreement must be in writing, signed by or on behalf of the person giving it, addressed to the person to whom it is to be given, and delivered by hand, sent by prepaid mail, or sent by email to that person's address as the person notifies the sender.
SUBSECTION 15.10
A notice, consent, or communication is given and received:
i. if it is hand-delivered, on the day it is given;
ii. if it is sent by post, three Business Days after posting (if within Australia) or seven Business Days after posting (if outside Australia); and
iii. if it is sent by email, that day, if the time of departure from the sender's mail server is before 6.00 pm on a business day, or the next Business Day in any other case, unless the sender receives an automated message generated by the recipient's mail server (other than an 'out of office' message or other response generated by or at the instigation of the recipient) that the email has not been delivered within two hours.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at collinsrainptyltd@gmail.com.
Our contact information is posted below:
collinsrainptyltd@gmail.com