Terms of service

Terms of Service

Last updated: October 19, 2024

These Terms of Service (“Terms”) govern your use of Elysian Varelle Pty Ltd (“Elysian Varelle,” “we,” “us,” or “our”) website, products, and services (collectively, “Services”). By using our platform, you agree to these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing or using our website or purchasing items through Elysian Varelle, you agree to abide by these Terms of Service, along with our Privacy Policy, Shipping Policy, and Return & Refund Policy, which together form a legally binding agreement between you and Elysian Varelle.

2. Role of Elysian Varelle

Elysian Varelle is a marketplace platform where third-party sellers list and sell products. Elysian Varelle engages with third-parties to verify the authenticity of listed goods. While we strive to ensure the accuracy of authentication, Elysian Varelle is not liable for any errors made by third-party authenticators.

  • Any disputes arising from counterfeit, defective, or misrepresented goods must be resolved between buyers and sellers. Elysian Varelle acts solely as a facilitator, not as a liable party.
  • Ownership of Products: All products listed on the Elysian Varelle platform remain the property of the individual seller until sold to a buyer. Elysian Varelle does not take ownership of any goods listed on the platform. Our role is solely to facilitate transactions between buyers and sellers. By listing their products, sellers authorise Elysian Varelle to market and sell the products on their behalf, but the legal ownership and responsibility for the goods remain with the seller until completion of the sale.

3. Listing and Selling Counterfeit Goods

Sellers are strictly prohibited from listing or selling counterfeit, illegal, or otherwise misrepresented goods. Any seller found to be listing counterfeit goods will have their account immediately terminated, and may face legal action.

  • Sellers agree to indemnify and hold harmless Elysian Varelle from any claims, liabilities, or damages arising from their listings, including counterfeit items.
  • Elysian Varelle reserves the right to cooperate with legal authorities and disclose seller information in the case of counterfeit or illegal items.
  • Sellers are fully responsible for the accuracy, legality, and authenticity of their listings.

Elysian Varelle may, at its discretion, remove any items suspected of being counterfeit or in violation of these Terms of Service without notice.

4. Authentication Services

All items listed on Elysian Varelle are subject to authentication by third-party experts. The authentication decision is final and binding, and Elysian Varelle is not responsible for any determination errors by these services.

  • Elysian Varelle disclaims all liability for counterfeit goods that are mistakenly authenticated as genuine by third-party services.
  • Buyers and sellers agree to resolve any disputes arising from counterfeit or misrepresented goods directly between themselves, and release Elysian Varelle from any associated liability.

5. Limitation of Liability

To the fullest extent permitted by law:

  • Elysian Varelle disclaims any liability for losses, damages, or claims arising from the use of the platform, including but not limited to counterfeit goods, misrepresented items, or disputes between buyers and sellers.
  • Elysian Varelle disclaims any liability for loss, theft, or damage to goods during the return process, during storage, or while in transit, including when the item is under the care of Elysian Varelle or its logistics partners. Sellers bear full responsibility and liability for their goods at all times, except when the item is in the buyer's possession or placed outside by the buyer for return pick-up.
  • Sellers bear full responsibility for their goods until the item is sold, delivered to the buyer, and the buyer return window has closed. Elysian Varelle is not liable for any damages, loss, or theft during shipping, storage, or return processes unless caused by proven negligence on the part of Elysian Varelle or its agents.

6. Deposits for Storage, Shipping, and Authentication

When sellers list their goods on Elysian Varelle, a deposit is required to cover storage, shipping, and authentication costs. The deposit amount is determined based on the item and expected costs. Any remaining funds from the deposit, after deducting these costs, will be returned to the seller at the sole discretion of Elysian Varelle. By listing items on Elysian Varelle, sellers agree to this condition and acknowledge that the allocation of remaining funds is final.

7. Images of Goods

Elysian Varelle takes photographs of all goods listed for sale on our website to ensure accurate representation of the items. These photographs are for illustrative purposes only. By listing goods on our platform, sellers agree to allow Elysian Varelle to take and use these photographs in marketing and promotional materials. Elysian Varelle’s role is exclusively that of a facilitator of transactions and does not assume the role of the seller.

8. Buyer Responsibilities

Buyers must carefully read item listings and descriptions before making a purchase. By completing a transaction, buyers agree to be bound by these Terms of Service.

9. Payment Terms

All orders are subject to payment verification. You must provide valid payment information, and any failure to do so may result in order cancellation. Sellers are responsible for ensuring payment details are correct and processed.

10. Returns and Refunds

Elysian Varelle offers a 30-day return policy on most items, provided they are returned in their original condition. Return shipping costs, including any fees for pick-up services arranged by Elysian Varelle to collect returns from buyers, are the responsibility of the seller. These fees will be deducted from the seller’s account immediately upon the successful return of the item to an Elysian Varelle fulfilment centre.

Sellers assume full liability for the items during the return process, including any damage, loss, or theft, unless caused by negligence on the part of Elysian Varelle or its agents. Once the buyer has possession of the item or has placed the item out for return collection, the buyer assumes responsibility until the item is picked up by Elysian Varelle or its logistics partners.

11. Dispute Resolution

Any disputes arising between buyers and sellers must be resolved through Elysian Varelle’s internal resolution system. By using the platform, you agree to abide by Elysian Varelle’s final decision in any dispute. Elysian Varelle is not liable for any claims related to counterfeit or misrepresented goods.

12. Force Majeure

Elysian Varelle is not responsible for any failure or delay in performing its obligations under these Terms of Service if the failure or delay is caused by circumstances beyond our control, including but not limited to natural disasters, war, terrorism, strikes, labour disputes, theft, or regulatory issues.

13. Indemnification

You agree to indemnify, defend, and hold Elysian Varelle, its officers, directors, employees, agents, and affiliates harmless from any and all claims, losses, liabilities, damages, and expenses (including legal fees) arising from:

  • Your violation of these Terms of Service;
  • Your listings or purchases on the platform, including counterfeit goods;
  • Any action or omission in connection with your use of the platform.

14. Intellectual Property

All content provided through Elysian Varelle, including images, logos, and text, is protected by copyright, trademark, and other intellectual property laws. You may not use any of our intellectual property without prior written consent.

15. Termination of Accounts

Elysian Varelle reserves the right to terminate any account, without notice, for violations of these Terms of Service, including but not limited to the listing of counterfeit goods, fraudulent activity, or breaches of applicable laws. Sellers whose accounts are terminated will forfeit any funds held in their account to cover potential damages or losses caused by their actions.

16. Children’s Use

We do not sell products for purchase by children. Users under 18 may only use the Elysian Varelle Services under the supervision of a parent or guardian.

17. No Guarantee of Item Availability

We do not guarantee the availability of any items listed on our platform and reserve the right to modify or remove listings without notice.

18. Pricing Errors

In the event of a pricing error, Elysian Varelle reserves the right to cancel or correct orders at the erroneous price.

19. Data Use and Retention

By using our platform, you agree to the collection and use of your data as described in our Privacy Policy. We retain the right to store and use this data in compliance with applicable regulations.

20. Termination of Services

Elysian Varelle reserves the right to suspend or terminate accounts at any time for violations of these Terms of Service or for any other reason we deem necessary.

21. Buyer Returns and Pick-Up Services

Buyer Return Pick-Up Service: Elysian Varelle offers a free pick-up service for buyers who wish to return items, subject to our Return & Refund Policy. Buyers may schedule a return pick-up, and Elysian Varelle will collect the item from their home. However, once the item is in the buyer's possession or placed outside for pick-up, the buyer assumes full responsibility for any loss, theft, or damage until the item is successfully collected by Elysian Varelle or its logistics partner.

Seller Responsibility for Returns: Sellers are responsible for all return costs, including shipping, handling, and any pick-up fees incurred by Elysian Varelle to retrieve the item from the buyer. These fees will be deducted immediately after the item is successfully returned to an Elysian Varelle fulfilment centre, not from the seller’s final payout.

Seller Liability: Sellers maintain full responsibility and liability for the goods at all times, except when the item is in the physical possession of the buyer or placed outside for return pick-up. Elysian Varelle is not liable for any damages, loss, or theft that occur while the item is in Elysian Varelle’s custody or within its logistics network. Sellers remain liable for any damage or loss during storage, shipping, or returns that occur while the item is under Elysian Varelle’s care. If a buyer returns an item within the allowed return period, the seller remains responsible for the item's condition during its return to Elysian Varelle until it is received back into an Elysian Varelle fulfilment centre.

22. Amendments

Elysian Varelle reserves the right to update or amend these Terms of Service at any time. Any changes will be posted on our website, and continued use of the platform constitutes acceptance of the updated Terms of Service.

23. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from the use of the Elysian Varelle platform shall be subject to the exclusive jurisdiction of the courts of New South Wales.

24. Contact Information

For any questions or concerns about these Terms of Service, please contact us at support@elysianvarelle.com.

By using Elysian Varelle, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Failure to comply with these Terms of Service may result in the termination of your account and legal action where applicable.

 

Seller Code of Conduct

Last updated: October 19, 2024

This Seller Code of Conduct outlines the terms and expectations for sellers using the Elysian Varelle platform. By listing items on Elysian Varelle, sellers agree to comply with these standards. Failure to adhere to these terms may result in account suspension, penalties, or permanent removal from the platform.

1. Introduction

Welcome to Elysian Varelle. This Code of Conduct ensures that all participants in our marketplace can engage in a fair, safe, and transparent environment. Sellers must follow these terms to maintain the integrity and reputation of the platform.

2. Seller Responsibilities

Sellers must:

  • Ensure all items listed are genuine, accurately described, and in the condition stated in the listing.
  • Comply with all applicable laws, including consumer protection, intellectual property, and tax laws.
  • Provide accurate and complete information in all listings and ensure that any descriptions reflect the true condition of the goods being sold.

3. Prohibited Activities

Sellers are strictly prohibited from:

  • Listing fake, counterfeit, inauthentic, or misrepresented items.
  • Engaging in fraudulent, illegal, obscene, defamatory, abusive, or otherwise harmful activities on the platform.
  • Impersonating another person or entity, or engaging in deceptive or misleading behaviour.
  • Attempting to manipulate reviews or feedback.

4. Use of Photographs

Elysian Varelle takes professional photographs of all items listed on the platform to ensure accurate representation. By listing items for sale, sellers consent to the use of these photographs for marketing and promotional purposes. Sellers acknowledge that Elysian Varelle's role is that of a facilitator in transactions and that the platform does not assume the role of the seller in these transactions.

5. Authentication of Goods

All items listed on Elysian Varelle are authenticated by a third-party service to ensure their authenticity. Sellers must ensure that all items are genuine and must not list items that they know to be counterfeit or misrepresented.

  • The authentication decision made by the third-party authenticator is final and binding. Elysian Varelle is not responsible for any determinations of authenticity made by the third-party authenticator.
  • If an item is determined to be unauthentic, Elysian Varelle will not be liable for any reputational damage, shipping costs, or other losses incurred by the seller.
  • Sellers will not receive payment for any items deemed inauthentic, and these items may be returned to the seller or disposed of at Elysian Varelle’s discretion.

6. Account Registration and Security

Sellers must create an account to access Elysian Varelle services. Sellers are responsible for maintaining the confidentiality of their account details and are accountable for all activity conducted under their account. Elysian Varelle reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion.

Sellers are prohibited from creating multiple accounts without prior written approval from Elysian Varelle. Sellers found to be using multiple accounts to manipulate listings, feedback, or other platform features may have all associated accounts suspended or terminated.

7. Handling of Prohibited Items

If Elysian Varelle determines that a listed item is counterfeit, fake, prohibited, or otherwise misrepresented, the platform reserves the right to return the item to the seller or dispose of it at its discretion. Sellers will bear any associated costs.

8. Deposits for Services

When sellers list goods on Elysian Varelle, a deposit is required to cover storage, shipping, and authentication costs. Sellers agree that:

  • The deposit amount will be determined based on the expected costs and may include anticipated return costs (e.g., shipping and handling for buyer returns).
  • The deposit may be retained by Elysian Varelle for up to 90 days to ensure that any expenses, including costs related to returns, are covered.
  • Any remaining funds from the deposit will be returned to the seller at Elysian Varelle’s sole discretion after deducting all associated costs, including the costs of returned goods.

9. Payment and Liability for Damaged Goods

Sellers will receive payment only once the item has been successfully sold, delivered to the buyer, and the return period has expired. Sellers bear all risks and responsibilities associated with the item until the sale is final, even when the item is in the possession of Elysian Varelle or its agents. If a buyer returns the item, the seller remains liable for any damages incurred during the return process, except when the buyer is responsible (e.g., while the item is in their possession or awaiting pick-up).

10. Fraud Prevention

Sellers are required to comply with any fraud prevention measures implemented by Elysian Varelle, including providing documentation to verify identity or product ownership upon request. Failure to comply may result in account suspension or termination.

11. Ownership of Goods

Sellers warrant that they are the rightful owners of all goods listed for sale on Elysian Varelle and have the legal right to sell them. Sellers must not list stolen or illegally obtained items. Violation of this clause may result in legal action and permanent account termination.

12. Limitation of Liability

Elysian Varelle’s total liability to sellers under this Seller Code of Conduct or any applicable terms and conditions shall be limited to the total amount earned by the seller from sales on the platform in the 12 months preceding the event giving rise to liability. Elysian Varelle will not be liable for indirect, incidental, punitive, or consequential damages.

13. Tax Responsibility

Sellers are solely responsible for determining their tax obligations and collecting and remitting any applicable taxes on sales made through Elysian Varelle. Elysian Varelle will not be held liable for any seller’s failure to meet their tax obligations.

14. Force Majeure

Elysian Varelle will not be liable for any failure or delay in fulfilling obligations under this Seller Code of Conduct if such failure or delay is caused by circumstances beyond its reasonable control. These circumstances include but are not limited to acts of God, natural disasters, war, terrorism, strikes, labour disputes, governmental regulations, theft, or any other cause beyond Elysian Varelle’s reasonable control.

15. Right to Amend Listings

Elysian Varelle reserves the right to remove or edit listings that violate this Seller Code of Conduct, applicable laws, or are deemed inappropriate at its sole discretion.

16. Prohibited or Restricted Items

Sellers must not list items that are restricted or prohibited under local laws, international regulations, or Elysian Varelle’s policies. This includes counterfeit goods, items violating intellectual property rights, and any items deemed illegal in the seller’s or buyer’s jurisdiction.

17. Inventory Availability

Sellers must ensure that all items listed on Elysian Varelle are in stock and available for immediate shipment upon sale. Failure to do so may result in penalties, including removal from the platform.

18. Reporting Obligations

Sellers agree to promptly notify Elysian Varelle if they suspect any security breach, fraud, or unauthorised access to their seller account. Failure to report such incidents may result in account termination and legal action.

19. Dispute Resolution

Any disputes between sellers and buyers will be resolved by Elysian Varelle. Sellers agree to abide by Elysian Varelle’s decision, which is final and binding. Sellers forfeit any rights to challenge the outcome of such disputes.

20. Termination of Seller Account

Elysian Varelle reserves the right to terminate a seller's account at any time for violations of this Code of Conduct or any other applicable terms. Upon termination, the seller will forfeit any deposits, and any remaining funds may be withheld to cover outstanding costs.

21. Transaction Fees

Sellers agree to cover all associated transaction fees, including but not limited to payment processing, platform, and any other related fees, which will be deducted from the final payment after the sale is completed.

22. Commission Fees

Elysian Varelle takes a 15% commission on each sale made through the platform, unless otherwise stated in writing. This commission will be deducted from the final payout to the seller after the sale is completed. In addition to the commission, other costs such as shipping, storage, authentication, and return fees may also be deducted from the seller’s payout.

23. Return Costs

Sellers agree to cover all costs associated with customer returns, including shipping, handling, and pick-up fees, as determined by Elysian Varelle. The return shipping costs will be deducted from the seller after the item is successfully returned by the buyer. Elysian Varelle reserves the right to determine the return shipping fees charged to the seller based on the shipping carrier and other logistical factors. Sellers are responsible for any damages incurred to the item during the return process, and no payout will be made for items that are returned damaged, regardless of cause, unless the damage is the result of buyer negligence.

24. Pick-Up Services and Transit Liability

Sellers Pick-Up Service: Elysian Varelle offers a pick-up service for sellers to collect items intended for sale. Sellers may leave items outside their homes for collection; however, any items left outside are at the seller’s own risk. Elysian Varelle disclaims all liability for theft, damage, or loss to items left outside for pick-up. The seller remains fully responsible for the item until it is collected by the buyer or sold, regardless of whether it is in the hands of Elysian Varelle or its agents.

Transit and Packaging Responsibility: Sellers are responsible for securely packaging their items to prevent damage during transit. Elysian Varelle will not be liable for any damage caused during transit or as a result of inadequate packaging. The seller bears full responsibility for the item at all times, including while it is in transit, stored with, or being processed by Elysian Varelle or its agents.

Buyer Return Pick-Up Service: Elysian Varelle offers a pick-up service for buyers returning items. Sellers remain fully liable for the item during the return process. If the buyer leaves the item outside for collection, the buyer assumes responsibility until the item is picked up by Elysian Varelle or its agents. Once in the possession of Elysian Varelle, the returned item, the seller is responsible for any issues, including damages or losses, and bears the full cost of the return, which will be deducted immediately from their payout.

25. Agreement to Platform Policies

By selling on Elysian Varelle, sellers agree to comply with all Elysian Varelle policies, including but not limited to the Terms of Service, Privacy Policy, Shipping Policy, and Return and Refund Policy. Sellers acknowledge that these policies may be updated from time to time and agree to adhere to the latest versions as posted on the Elysian Varelle website.

26. Amendments to the Code of Conduct

Elysian Varelle reserves the right to amend this Seller Code of Conduct at any time. Sellers will be notified of significant changes, and continued use of the platform constitutes acceptance of the updated terms.

27. Applicable Law

This Seller Code of Conduct is governed by the laws of New South Wales. Any disputes arising between the parties will be subject to the jurisdiction of the courts of New South Wales.

28. Our Contact Information

For general inquiries or assistance, please contact us at support@elysianvarelle.com.