These terms and conditions create an agreement (the “Agreement”) between the consignor (“you” or the “Consignor”) and Lullabuy Limited (“we”, “our” or “Lullabuy”) in relation to Lullabuy receiving and listing each of your items for sale on the Lullabuy Instagram account (each a “Consignment”). Please read this Agreement carefully as it will apply to each Consignment. You will be deemed to have accepted the terms of this Agreement by making a request of Lullabuy to list and sell your item on the Lullabuy Instagram account.
1.0 Selling Period
1.1 This Agreement will apply to each Consignment for a period of 90 days from when your relevant item is put up for sale on the Lullabuy Instagram account (the “Selling Period”). Lullabuy reserves the right to extend the Selling Period, pending written approval by the Consignor.
1.2 If any item for Consignment is not sold at the end of the relevant Selling Period (including, where relevant, the extended period), it is then the responsibility of the Consignor to arrange for the pick up or delivery (at the Consignor’s cost) of the relevant item(s) from Lullabuy within 10 days of the expiration of the Selling Period. Unsold items not picked up at the end of such period will become the property of Lullabuy to dispose of as it sees fit.
2.0 Parties’ Obligations / Acknowledgment
2.1 The Consignor is obligated to supply and deliver (at its cost) to Lullabuy each item mutually agreed between both parties for a Consignment. Each Item for Consignment must be supplied cleaned and, at a minimum, in the conditions set out in section 3.0.
2.2 Lullabuy reserves the right to disapprove any items that do not meet our outlined requirements.
2.3 Lullabuy will endeavour to ensure all details, descriptions and prices appearing on Lullabuy’s Instagram account are accurate. However, you acknowledge and agree that errors may occur from time to time.
3.0 Conditions of Acceptance
3.1 Any items for Consignment will only be accepted in clean and good or excellent condition and must be less than 3 years old.
3.2 The Consignor must disclose if any items for Consignment have been damaged in any way.
3.3 Lullabuy shall inspect each item for Consignment via photos and video and reserves the right to refuse any item that does not meet our standards or do not meet our requirements. Approved items (i.e. an item for Consignment) will be added to Lullabuy’s next live sale on Lullabuy’s Instagram account.
4.0 Consignor’s Representations, Warranties and Indemnification
4.1 The Consignor hereby warrants to Lullabuy that every item given to Lullabuy for Consignment is lawfully and entirely owned by the Consignor or the Consignor is acting on behalf of a person(s) who has given them authority to sell such item(s) on their behalf. Without limitation to clause 5, the Consignor further warrants that such items for Consignment are not subject to any liens or other encumbrances and are not in violation of any trademark, copyright, or other proprietary right of any third party.
4.2 The Consignor hereby agrees to indemnify and hold harmless Lullabuy from all damages, suits, litigation, awards and costs, including but not limited to legal fees that may arise out of the display or sale of the Consignment item for any reason whatsoever.
5.0 Authenticity of Merchandise
5.1 The Consignor warrants and represents that all items Consignment are authentic and not counterfeit.
5.2 The Consignor acknowledges any label, trademark, logo and/or design are authentic to the designer it represents. Lullabuy reserves the right to return any items found to be non-authentic.
6.0 Consignment Terms
6.1 The consignment period for each Consignment is as stated in Clause 1.1
6.2 All offers made by you to Lullabuy for Consignment via email are subject to confirmation and acceptance by Lullabuy and once confirmed by Lullabuy you cannot cancel.
6.3 All sales of items for Consignment by Lullabuy are final, no refunds or returns.
7.1 The items will be listed for sale on the Lullabuy Instagram account at the sale value determined by Lullabuy. The Consignor must also provide the retail price of each piece as sold at the boutique or other stores.
8.1 Lullabuy will retain 30% of the relevant Consignment item sales price as commission. The Consignor will earn 70% of the sale price less Costs. which shall be paid into the Consignor’s nominated bank account within 7 days of Lullabuy receiving payment from the third-party purchaser of the relevant item.
8.2 For the purposes of clause 8.1 above, ‘Costs’ includes any taxes and shipping/delivery costs incurred by Lullabuy.
9.0 Delivery of Item; Risk of Loss; Insurance
9.1 Lullabuy accepts items for consignment from you on a consignment basis only. Lullabuy assumes no liability for loss, damage or destruction of any item on Consignment. Lullabuy does not insure items on consignment. Ownership and risk in the item(s) remain the property of the Consignor until sold.
10.1 We do not provide warranties of any kind on any of the items or on any information provided on the Lullabuy Instagram account. You acknowledge that products purchased from our Account may require special maintenance. We will not be liable for any damage caused by any failure by You to maintain the products properly.
10.2 Please note that the colours of a product may vary slightly from those displayed by Your computer monitor.
11.1 We will endeavour to dispatch all online orders within 3 Business Days of Order being confirmed by Us, unless otherwise noted.
11.2 Delivery times may vary, and expected delivery times are estimates. We will not be liable to You for any loss or damage You suffer if the Order is not delivered within the estimated timeframes.