Terms and Conditions
Be a well-informed consignor and check out our terms and conditions. By proceeding with your consignment you are deemed to agree and this will form a binding contract between "Overlap" and yourself as the consignor.
REPRESENTATION AND WARRANTIES
- a) By listing an item you represent and warrant that any and all information that you provide about the item will be accurate.
- b) You will adequately disclose any flaws or defects in your object that could affect a buyers purchase decision
- c) You will provide any documentation to establish the objects age, authenticity and place of origin
- d) Your object does not infringe any intellectual property or other proprietary rights of any third party
- e) You have the right to sell the object i.e. you legally own it or you have express permission from the owner to sell the item and no one else will need to consent to the sale or transfer of the item when it sells.
- f) The item will comply with our product listing guidelines of authentic, contemporary design.
- g) In the event of a complaint or dispute that arises in connection with your object, you will cooperate with "Overlap" and the buyer to resolve such complaint or dispute.
TITLE AND RISK OF LOSS
You own all rights, title and interest in and to the object you list through "Overlap" until the buyer accepts the object.
You bear all risk and loss for the object until the buyer accepts the object.
ELIGIBILITY
By using the services of "Overlap" you represent and warrant that you are
(a) At least 18 years of age
(b) Are a resident of Australia
(c) Have full power and authority to enter into this agreement and in doing so you will not violate any other agreement to which you are a party.
LISTINGS
We reserve the right to review and edit the description and pricing of your object.
We reserve the right to reject a submission.
We reserve the right to determine how to feature your object and the length of time your listing is displayed.
We reserve the right to designate the appropriate shipping method for your object.
You may remove your listing from our service at any time by contacting us via email provided the item has not already been purchased.
You the seller assign "Overlap" exclusive listing rights for the submitted object
for the duration of this contract. The item shall not appear for sale on any other online selling platform but may be referenced on social media as available on "Overlap" .
SHIPPING AND DELIVERY
All sales are binding.
Once a buyer purchases your object, unless already collected by "Overlap", you are obligated to prepare your object for collection.
If you are unable to make the object available within a reasonable amount of time, we reserve the right to cancel the transaction.
PAYMENT
Payment may take up to fourteen days as the object needs to be inspected, packed and delivered, and the buyer accept the item to be deemed as it was listed.
In the event a buyer does not accept your item we cannot release payment to you until we resolve the issue with the buyer.
DISCLAIMER OF WARRANTIES
The services and all items sold through the services are provided on an “as is” and “as available” basis without warranties of any kind. We expressly disclaim all express and implied warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the services, the content and the items sold through the services.
Without limiting the foregoing we also disclaim all warranties for or with respect to
the security, reliability, timeliness and accuracy and performance of the services, the content and item sold through the services.
LIMITATION OF LIABILITY
All implied terms are expressly excluded. Where the Trade Practices Act or State legislation implies into the consignment agreement any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term condition or warranty is deemed to be included in this agreement provided that the liability for a breach of any such term, condition or warranty, including any economic or consequential loss which the owner may sustain shall be limited at the option of "Overlap" to the re supply of services or the cost of repair or replacement with equivalent goods.
MODIFICATIONS TO THE SERVICE
We reserve the right to modify or discontinue temporarily or permanently the services, or any features or portions thereof without prior notice.
TERMINATION
We reserve the right, without notice and within our sole discretion, to terminate your right to use the services or, any portion thereof, and to block or prevent your future access to and use of the services or any portion thereof.
SEVERABILITY
If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
This agreement shall be binding upon agreed successors and permitted assigns of the parties.
The laws of the State of NSW govern the performance of this agreement.
This consignment agreement document constitutes the entire agreement between the Owner and "Overlap".