Terms and Conditions
Welcome to Effe Designer Resale. This website is owned and operated by Effe designer resale ABN: 19004633407. By visiting and/or purchasing anything from this site, you agree and are bound to the Terms and Conditions (“Terms of Service”, “Terms”).
These conditions extend to all visitors and users of the site. If you do not agree and abide by these Terms and Conditions, do not access the site or use any of the services. Effe designer resale is an independent reseller of pre-owned luxury items and is not affiliated with any of the brands in this post. All trademarks are reserved to the original brand owners.
1. Changes to Terms and Conditions
a. We reserve the right to modify or replace these terms and conditions at any time. The updated version will be effective immediately upon posting on our website.
b. It the site visitor or purchaser’s responsibility to review these terms and conditions periodically for any changes
2. Definitions
a. “Site” means the Effe Designer Resale site, owned by us, and any pages that comprise it.
b. “us” means Effe Designer Resale Pty Ltd and “we” or “our” will be interpreted accordingly;
c. “you” means the person or entity that accesses the Site and “your” will be interpreted accordingly.
d. “Fees” means the relevant purchase fee (cost) of goods, or services. 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;
e. “Items” refers to any products that are sold on our website.
f. “Consignor” refers to any person that authorises Effe Designer Resale to sell their item on their behalf.
g. “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 trade marks, designs, patents, know-how, circuit layouts, software, business and domain names, inventions and other results of intellectual activity;
h. “Privacy Policy” means our Privacy Policy set out at the end of these Terms and Conditions;
i. “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;
3. Authentication
All items on our site are authentic.
If an item on our site is inauthentic, it will be delisted immediately.
All items on our site have undergone rigorous authentications by the team at Effe, and by third party authenticators. All our authentication checks require physical inspection of the item, and take into account the construction, detailing, hardware, materials and likeness to the original. Our team at Effe comprises leather specialists, and have been trained in authentication of designer goods. When required, our team enlists third party authenticators to confirm whether an item is authentic.
If a customer purchases an inauthentic item from us, we will arrange its return to our shop, and issue the customer with a full refund inclusive of all shipping fees incurred by the customer.
4. Product Information and condition
a. We guarantee that all products for sale on our Site are authentic. See section 1 for our comprehensive authentication policy.
b. All items are pre-owned and sold in their current condition, as depicted on their product listing.
c. Select items sold on our site are subject to restorative or repair services. These select items have been restored to improve and/or enhance the original materials on the item, including, but not limited to, cleaning, waterproofing and recolouring.
d. All items on our site maintain their original design, and comprise their original materials unless stated otherwise on the product listing. It is at the discretion of customers to carefully examine product listings, to arrange a physical or online viewing of their item prior to purchasing and to enquire directly with staff if there are any questions or concerns about the alterations conducted. See section 5 for more information about our partnership with Evans Leather Repair, and the repairs conducted on items.
5. Partnership with Evans Leather Repair
We work closely with our affiliated business Evans Leather Repair. Select pieces are professionally restored by leather specialists at Evans Leather Repair prior to sale. If an item has been professionally restored, this fact will be disclosed on the individual listing of the item. All items are kept as close as possible to their original condition, and repairs are only provided when deemed appropriate to ensure long-term wear of a bag.
Restorative services range from small maintenance services, to larger scale services to repair features of an item. All items on our site maintain their original design, and comprise their original materials unless stated otherwise on the product listing. Design changes relate to color changes, and alterations involve the replacement of original materials. Alterations range from small (e.g., repair of loose thread, torn leather, replacement of small leather pieces) to large (e.g., replacement of large leather pieces). Items that require an alteration are in otherwise great condition and are vetted for quality prior to restoration.
It is the customer’s responsibility to inspect the photos on our product listings, and/or from physical or online inspections of the condition and/or to speak directly with staff about the repairs to determine whether or not they are willing to accept the item in its restored and/or repaired condition.
We are under no obligation to disclose to customers all restorative or repair services performed on our items, and purchase of repaired or restored items is at the discretion of each customer.
6. Benefits of purchasing from Effe
Benefits can only be redeemed with the item purchased from Effe, and must be confirmed using the receipt and order number of your purchase. Benefits are restricted to 1) Care advice, and 2) A single-use waterproofing voucher and 3) Repairs at Evans Leather Repair, as payable by the customer.
Care advice for your purchase.Once purchased, Effe is not liable for any changes to the item’s condition, inclusive, but not limited to, wear and tear, and damage when attempting to clean an item. We do not advise that customers attempt to clean or repair their item at home, and encourage customers to have their item serviced by professionals at Evans Leather Repair.
Once purchased, Effe is not liable for any changes to the item’s condition, inclusive, but not limited to, wear and tear, and damage when attempting to clean an item. We do not advise that customers attempt to clean or repair their item at home, and encourage customers to have their item serviced by professionals at Evans Leather Repair.
Voucher.The waterproofing voucher provided is exclusively for a waterproofing service to protect the effe-purchase from liquids and environmental exposures. This voucher is single use. Any additional repairs or restorations requested by the customer are payable directly to Evans Leather Repair, and are not included in the voucher.
In-house repairs at Evans Leather Repair. Our partnership with Evans Leather connects effe-customers with leather specialists to seek advice and obtain quotes for repair services by professionals at Evans Leather Repair. All repairs performed by Evans Leather Repair are payable by the customer. Customers are not entitled to any free or discounted services at Evans Leather Repair, unless otherwise specified.
7. Inspection and photos online
We strive to provide accurate product descriptions and images for all items available on our website. However, due to the nature of second-hand products, and technology the item is viewed on, there may be slight variations in color, texture, and overall condition in person. It is the customer’s responsibility to read the condition report on the item’s listing, and to thoroughly view the photos on the site listing, and/or to book an appointment for a physical assessment of the item.
8. Viewings and Appointments
Customers are responsible for contacting and arranging an appointment to view their prospective purchase by emailing hello@efferesale.com.au with a preferred time and contact details.
We have a strict first-in, best-dressed policy for all appointments and viewings. We do not hold items for customers. In the instance that your item has sold before the time of your appointment, our team will endeavor to contact you before your appointment, only if you have specified the item you are coming in to view.
Appointments for viewings are free.
Appointments must be confirmed within 48 hours of your appointment via text or email. Failure to confirm your appointment within 2 hours of your appointment will result in cancellation.
Appointments for viewings are a maximum of 15 minutes.
9. Purchase of Products and Returns Policy
In using our services, and purchasing items through our website, you agree to the payment of purchase price listed on the website for the product (‘Purchase Price’) listed. All prices are in Australian dollars and include GST.
We may refuse to sell an item to you for any reason including, but not limited to, the following:
(i) if the item is no longer available;
(ii) if we have reasonable grounds to suspect that your order may be fraudulent; or
(iii) if an item was misrepresented on the website, and the listing details were incorrect or incomplete.
In the unlikely event that an order is refused, you will be contacted by text or email, and a full refund of any monies you have paid us for that product will be issued to the original payment method used for the purchase.
All sales are final and we make no warranties for any wear and tear incurred by the customer or the previous owner, and for the condition of the item, which occurred before it came into our care. We do not provide refunds based on wear and tear or change of mind.
Warranty and Returns
We do not provide returns or warranty for any items in our collection. All sales are final. We are unable to accommodate changes of mind. Customers are strongly encouraged to view the photos on the product listing, read the condition report, and view their prospective purchase in-store prior to purchasing via our website.
10. Items for sale on our site
For all payment of Fees on our site, payment is required at the time specified on the site.
All Fees are displayed in Australian Dollars (AUD) and include GST.
All references to the ‘retail price’ of a product refer to the price in today’s dollar equivalent of the item’s current retail price, or in the case of discontinued bags, its retail price in today’s dollar equivalent. All ‘retail prices’ are estimates and should only be used as a rough guide. We advise all customers to make their own independent enquiries into the price of their prospective purchase, and the price of the same purchase new in store.
The Fee displayed on the product listing does not include shipping costs. Shipping is an additional fee that is calculated at checkout based on your location, in line with either Australia Post estimates.
We accept payment by Square payment gateway.
11. Post
We offer in-store purchase or post. The parcel must be signed by you or another person at the nominated address provided at purchase submission through our website. You are responsible that any person signing for your purchase is authorized to do so.
We are not liable for lost parcels, or damage incurred while the item is in transit with Australia Post Once the parcel leaves our premises, we are no longer liable or responsible for its condition or safety.
Interstate orders are sent with standard Australian Post (with no insurance). Insurance can be added by the customer, and must be paid for by the customer in advance.
12. Selling to us terms
If you sell any item to us, then your sale will also be subject to our Selling to Us terms.
Purchase offers are valid for 7 working days, you must accept our offer within this time. Failure to accept or decline the offer within 7 days will result in a termination of the offer, and the customer is required to re-apply for a new purchase offer.
We reserve the right to not accept an item for direct-sell for any reason.
If your item is found to be inauthentic during our authentication process, you must pay a $100 fee to cover post, handling, and authentication.
All sales to Effe Designer Resale are final, and will not be refunded.
The full amount will be sent to you via bank transfer within 3 working days.
13. Consigning with us terms
If you consign any item with us, then your consignment will also be subject to our Consigning with Us terms.
Quotes.Effe may provide a preliminary estimate of the listing price based on photographs. You agree that the listing price may differ from the preliminary quote provided based on the physical inspection of the Items, and that Effe retains the discretion not to accept the Items for sale following physical inspection.
Condition and quality check.
1.Effe shall undergo a comprehensive quality and condition check to determine whether the items are fit for sale.You will be notified by email whether your goods have been accepted for sale.
2.In the event that your Items require minor repairs before being fit for sale, Effe will contact you with a quote for the proposed repairs. No repairs will be undertaken without prior agreement. The cost of any repairs will be paid by you.
3.Effe may determine that any Items are unfit and will not be accepted for sale. Any Items determined to be unfit for sale shall be returned at your expense. You will be required to pay an administration and handling fee of $35 per item.
Authenticity check.
Any Items found to be inauthentic will be unfit for sale and returned at your expense. You will be required to pay an administration and handling fee of $35 per item. Third party authenticators may be used to authenticate the Items.
Consignment Conditions.
All Items listed for sale will remain in the physical possession of Effe.
The Items will be listed for sale on the Effe Website. Effe may also list the Items for sale on any online or physical platform, including but not limited to websites, online marketplaces (including Ebay) social media platforms (including Instagram and Facebook), and private sales conducted via email or in person. The Items will be photographed by Effe for advertising purposes and used in promotional materials at the discretion of Effe.
The Items shall be listed for sale on the Effe Website for a minimum period of three months (the “Minimum Consignment Period”). You acknowledge that it may take up to six weeks from receipt of the Items to be listed on the Effe Website. You may elect to terminate the Agreement at the end of the Minimum Consignment Period. The Consignor must send written notice of termination of the Agreement to “hello@efferesale.com.au”. Effe retains the right to continue to sell the Items for 24 hours after written notice of termination is received, to allow for time to remove the Items from the Effe Website and other sales Platforms.
Effe retains the right to terminate this Agreement at any time and for any lawful reason, including where the Consignor breaches these Terms.
Condition Report.
Effe will prepare a Condition Report detailing the condition of the bag, including photographs of pre-existing damage. You are encouraged to take their own photographs detailing the condition of the Items before giving physical possession to Effe. It is understood that any damages or flaws in the Items shall be documented during this process. For Items of greater value, Effe may request your presence to undergo the condition check.
Pricing.
Listing Price.
Effe has sole discretion to determine the starting sale price (the “Listing Price”). You will be notified of the Listing Price of the Goods that are accepted for sale by email. If you do not accept the Listing Price, you must arrange for the return of the Items within 7 days. Any Items shall be returned at your expense.
The Items will be sold at the Listing Price for the duration of the Minimum Consignment Period. Discounts will not be applied during the Minimum Consignment period.
Commission.
You will receive a commission of at least 85% of the final sale price for each Item sold (“Commission”), subject to these Terms. You will be notified of the total Commision by email prior to your Items being listed for sale.
Discounts.
At the end of the Minimum Consignment Period, Effe may apply a discount to the Items with the prior agreement of the Consignor. If you do not accept the proposed discount, Effe may remove the Items from sale and you must arrange for the collection of the Consignment Items within 7 days.
Payment.
You will be notified as soon as possible when the Consignment Items are sold.
Effe will remit the Commission of the final sale price within 3 days of sale to the bank account nominated in this Agreement.
Effe retains the right to deduct any outstanding debt owed to Effe from the payment of the Commision, including for repair work, handling fees, postage fees or any other lawful debts under this Agreement until such a time where the debt is paid.
Title to goods.
Title in the Goods will remain with you and will pass to any customer who purchases the Items at the time the customer makes payment to Effe.
Collection of Goods and Unsold Items.
Any Items which have not been sold and are removed from sale by any means in this Agreement (“Unsold Items”) will be returned to you. Unsold Items may be collected from Evans’ Leather Restoration, or postage can be arranged at your expense. Effe requires photo identification to release Unsold Goods for collection. Effe will not return Unsold Goods via post without express authorisation from you and proof of address.
Effe retains the right to keep possession of any Unsold Items where you have any debt owing, including for repair work, handling fees, postage fees or any other lawful debts under this Agreement until such a time where the debt is paid.
Unsold Items must be collected, or postage arranged, within 2 weeks following the day where the Items are removed from sale. By this time, if Unsold Items are not collected, or a debt is still owing, the title of those Unsold Items will immediately transfer to Effe. Effe will owe no payment, duty or debt in respect of those items and Effe will deal with the Unsold Items at its sole discretion. You will have no entitlement to payment or compensation of any kind in respect of uncollected Unsold Items, or to the proceeds or benefits from any sale or transfer by Effe of the Unsold Items.
Loss of contact.
In the event that Effe is unable to reach you for a continuous period of one month following the end of the Minimum Consignment period, Effe may take the following actions:.
a.Continue to sell the Items on any sales platform at discounts of up to 25% without the consent of the Consignor; and/or
b.Remove the Items from sale. You acknowledge that once the Items are removed from sale, they become Unsold Items in accordance with Clauses 23- 25 and will be dealt with accordingly.
Effe will make reasonable efforts to contact you via all available means and will provide at least 1 week notice of an intention to discount without your consent in writing to the email nominated in this Agreement.
Title to goods.
Title in the Goods will remain with you and will pass to any customer who purchases the Items at the time the customer makes payment to Effe.
Effe’s liability.
Effe is not liable for lost parcels, or damage incurred while your items are in transit with Australia Post or other private couriers. Effe does not accept liability where damage to an Item is caused in transit to or from Effe. It is your responsibility to request, arrange and pay for insurance for any Items in transit with Australia Post or private couriers. Once a parcel leaves Effe’s premises, weare no longer liable or responsible for its condition.
14. Use of our Site
Use of the Site is at your own risk. Everything on the Site is provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Effe (including any third party delivery services) make any express or implied representation or warranty about content referred to on the Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
(ii) the accuracy, suitability, or currency of any information on the Site, the services, or any of content (including third party material and advertisements on the Site);
(iii) costs incurred as a result of you using the Site;
(iv) operation in respect to links which are provided for the user’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Site; or
(vi) any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
14. 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 trade marks, 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) 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;
(ii) 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.
15. Use of personal information
Customers who have entered their email into our site will only be subject to marketing emails if they opt in. Marketing emails may include promotional content, vouchers, or general marketing emails.
We may share customers’ personal information with our affiliated business Evans Leather Repair, in the form of marketing emails, promotions, and vouchers.
Personal information will only be kept for durations in line with the law.
By submitting your data to our website you consent to cross transmission of data between our social media pages, and with our affiliated business Evans Leather Repair.
Customers can unsubscribe from our marketing content to their emails by unsubscribing.
16. Personal information collection
When creating an account at Effe, or purchasing an item from us, you will be required to submit your personal information i.e. name, email address, postal address, and phone number.
The use of our website requires this information, to create a record of your data with us and may disclose it to a third party unless opted out.
Failure to provide personal information may delay and/or impact your ability to use our services.
Our social medias are not designed for children under 13, and we will not intentionally collect or maintain information about people under 13.
Sensitive personal information will only be collected with your consent.
17. Data quality and access
Personal information can be changed or removed from our database at any time, by getting in touch with us directly at hello@efferesale.com.au
Requests for modifications or removal of data will be satisfied within a reasonable time frame.
There may be instances where we can’t modify or delete information, so we encourage customers to submit information to our website and database with caution.
18. Limitation of Liability:
(a) To the maximum extent permitted by law, Effe shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use our website or the purchase of any product.
In no event shall our total liability exceed the amount paid by you for the specific product in question.
19. Governing Law and Jurisdiction:
(a) These terms and conditions shall be governed by and construed in accordance with the laws of Victoria, Australia.
(b) Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts in Victoria, Australia.
16. Cookies and other data collected
(a) We use third-party analytics tools to help us measure traffic and usage trends for our website. These tools collect information sent by your device or our website or other sites, including the web pages you visit, add-ons, and other information that assists us in improving our website. We collect and use this analytics information with analytics information from other users so that it cannot reasonably be used to identify any particular individual user.
(b) “Cookies” (being small text files placed on your computer when you first visit our website) are used on some parts of our website. Most browsers now recognize when a cookie is offered and permit you to refuse or accept it. If you are not sure whether your browser has this capability, you should check with the software manufacturer or your internet service provider.
(c) Cookies are primarily used to enhance your online experience and are not used to track the navigational habits of identified visitors unless we obtain your permission to do so. If you visit our website to read or download information, much of the information we do collect is statistical only (for example, the domain from which you access the internet, the date and time you access our website, and the internet address of the website from which you linked directly to our website) and is not personally identifiable. We use this information about the number of visitors and their use of the sites in aggregate form to make our website more useful and attractive to visitors.
(d) Our website is hosted by an external service provider, and we may also use the services of other online service providers from time to time. Our service provider’s use of cookies is not covered by this Privacy Policy.
(e) Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the web page or app is downloaded to your browser or device. When you use our website, our servers automatically record certain log file information, including your server address, your domain name, date and time of your visit to our website, pages you accessed, and the information or documents you downloaded and the type of browser you used. We may also collect similar information from emails sent to our users, which then helps us track which emails are