These terms and conditions create a contract between you and SHOP LUXE (the “Agreement”). Please read this Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree” or sign the Agreement. You must accept the terms and conditions outlined in this Agreement if you wish to consign goods through SHOP LUXE.
ONCE YOU AGREE TO THIS AGREEMENT, IT WILL REMAIN IN EFFECT UNTIL YOU OR SHOP LUXE TERMINATES IT.
Shop Luxe buys and sells luxury/vintage designer items, jewellery and watches.
You would like Shop Luxe to sell the items that you have sent to our premises (collectively, the “Item”) on a consignment basis. This means that you, not Shop luxe, will still own the item. Once the items have been evaluated, inspected, and accepted by Shop Luxe, they will be listed and promoted on Shop Luxe social media platforms and website. Shop luxe reserves the right to reject any items that don’t fit their quality standards. Please note that all prices are determined at Shop Luxe sole discretion unless previously stated in writing. The accepted items will then be processed and listed as available for sale on Shop Luxe site. If Shop Luxe is content to proceed with that given price, Shop Luxe will post and advertise your item. If Shop luxe does not justify the sale price in accordance with the condition of the item, you will be notified via email. Please note that if you’re unsure of the resale value, it is Shop Luxe sole discretion to price it according to the products worth. Shop Luxe uses their professional judgement in recommending the re-selling price unless previously agreed in writing between the consignor and Shop Luxe. We charge a 15% consignment commission therefore you will earn up to 85% of the selling price for your items.
2. SHIPPING ITEM; RISK OF LOSS; INSURANCE
Shop Luxe accepts the Property from you on a consignment basis only. You are responsible for all risk of loss or damage to the Property until Shop Luxe takes physical possession of it. If an item of Property is damaged, stolen, or lost while in Shop Luxe possession, it will be treated as sold and Shop Luxe will pay you a Commission on that item.
3. PROPERTY ACCEPTANCE CONDITIONS
Shop Luxe will evaluate each item of Property to determine, in its sole discretion, its authenticity, quality, and value. The item’s condition will affect the valuation. Shop Luxe only Accepts to consign items that are:
(a) very good to excellent condition;
(b) that is listed in Shop Luxe current Designer Directory at the time of evaluation and
(c) that Shop Luxe determines in its sole discretion to be authentic. Items that do not meet the above requirements will not be accepted and you will either
(1) receive an email to notify you that your item is unsuccessful or
(2) will provide you with options on how to restore your product in order for your product to be in a very good-excellent condition which may allow us to promote and sell your item following the restoration of your item. Shop luxe has the right to refuse to sell any item that is in poor condition.
4. UNSTATED, UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS
Upon physical inspection of the item, if Shop Luxe cannot identify the authenticity of the item, it will need to be further authenticated. The authentication service will intricately assess and inspect the item. This requires an approximate fee between $15-45 AUD payable by the seller. If Shop Luxe determines at any time that an item is counterfeit, Shop Luxe shall notify you that it has made such a determination and you will have an opportunity to provide proof of purchase/other proof of authenticity acceptable to Shop Luxe. You acknowledge and agree that any item that Shop Luxe finally determines to be counterfeit can consequently lead to a loss of obtaining our services for future consignment or purchasing.
You acknowledge and understand that Shop Luxe is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law.
6. CONSIGNMENT PERIOD
The “Consignment Period” for each item of Property begins on the date Shop Luxe Accepts the item for consignment and ends 60 days thereafter, even if this Agreement has been terminated during that time by you or Shop Luxe. At any time during the Consignment Period, and subject to this provision, you may request in writing that Shop Luxe does not continue to sell the item (a “email subject: cancel to sell item request”), so long as the item has not already been Sold.
Once Shop Luxe receives your cancellation Request, it will use commercially reasonable efforts to remove the item from shopluxe.com (the “Site”) and any form of social media. It is your responsibility to ensure that Shop Luxe has your most current contact information and mailing address. (b) If an item remains unsold at the end of the Consignment Period (60 Days), Shop Luxe will contact you and will discuss your options. If at the end of the Consignment Period Shop Luxe is unable after using commercially reasonable efforts to contact you at the email or physical address it has on file for you the item will be removed off our website and any forms of social media. If the return request is less than 60 days, the seller is responsible for postage fees and charges. If the return request is more than 60 days, Shop Luxe is responsible for any postage fees to return the item back to the seller.
7. EFFORTS TO SELL; PRICE
So long as you comply with this Agreement, Shop Luxe will display on the Site and, at Shop Luxe sole discretion display and make available for sale on our Social Media. You acknowledge and agree that:
(a) Shop Luxe in its sole discretion will determine the initial selling price for each item of Property (the “Initial Sale Price”) based on its evaluation of that item, together with its determination of the current market price for that item;
(b) In order to market and promote the sale of each item, Shop Luxe may in its sole discretion apply a 10% discount to the item after 21 days, which will affect the item’s Initial Sale Price, unless Shop Luxe and you have otherwise agreed in writing to a specific price at which a specific item must be sold. No Less or no more.
(c) Shop Luxe may offer additional discounts and promotions during the Consignment Period, at its sole discretion and without notice to you, as a means to efficiently market and sell the Property, unless Shop Luxe and you have otherwise agreed in writing to a specific price at which a specific item must be sold.
(d) We endeavour to list and advertise your items as soon as received but please bare in mind that there may be a backlog of items and a potential waiting period.
8. TITLE TO PROPERTY
You will continue to own and have title to each item of Property until that item is “Sold”. An item will be considered sold when:
(a) It is sold by Shop Luxe to a customer and has been posted out by Shop Luxe and received by the buyer.
9. COMMISSIONS AND PAYMENT
(a) We charge a 15% consignment commission for any item sold through Shop Luxe
(b) Calculation of Commissions. Shop Luxe will pay you the remainder of the sale price for each item of Property that is sold once our commission charges have been deducted.
(c) Payments for sale items will be made to you by either direct deposit or PayPal. The timing of processing and delivering of sale payments will vary based on the payment method you select but will typically take at least 3-5 business days. By agreeing to these terms or continuing to operate as a consignor on Shop Luxe, you agree to follow our terms accordingly. As a condition to Shop Luxe, you must agree to provide Shop Luxe accurate and complete information about you and your business.
(d) Disputes. If there is a dispute between you and Shop Luxe, Shop Luxe shall have no obligation to pay any commissions or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. Shop Luxe may withhold any commissions due to you (including any due for Sold items of Property not subject to the dispute) in full or partial satisfaction of any amounts you owe to Shop Luxe.
You and Shop Luxe are covered under the insurance of public and products liability clause 2019 Australia. Products liability is a standard extension to public liability policies that broadens the cover to include your liability for property damage arising out of your products, including tangible goods that are manufactured, sold or maintained by our business. By agreeing to these terms or continuing to operate as a consignor on Shop Luxe, you agree to follow our terms and insurance process accordingly.
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly understand and agree that:
Your use of shop luxe is at your sole risk. Shop luxe consignment and other services are provided on an “as is” and “as available” basis. Shop luxe expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non infringement. Shop luxe makes no warranty that (a) shop luxe services will meet your requirements or (b) shop luxe’s services will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, that you obtain from shop luxe or through or from the site or shop luxe’s services shall create any warranty not expressly stated in these terms.
Please seek the advice of appropriate professionals regarding the terms of this agreement and the evaluation of any specific opinion, advice, product, service, or other content.
12. YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
You hereby represent and warrant that (a) you have good and marketable title to each item of Property and have the right to consign and sell the Property; (b) none of the Property is subject to any liens or other encumbrances; (c) the Property does not include counterfeit goods; and (d) the Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary rights of any third party, any state or federal law, or any administrative regulation.
You hereby indemnify and hold Shop Luxe harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable legal fees and costs incurred by Shop Luxe as a result of or arising in any way out of Shop Luxe’s display or sale of the Property, including but not limited to, civil or criminal suits over authenticity or ownership of Property, legality of sales, or copyright or trademark infringement.
13. AMENDMENTS TO THIS AGREEMENT
Shop Luxe may update or change any of the terms and conditions of this Agreement at any time in its sole discretion upon 14 days’ notice.
Revised terms will not apply to Items already Accepted for consignment prior to the effective date of those revised terms.
You shall be bound by all revised terms on the effective date, including any changes to the Commissions or Commission Rates, unless you terminate this Agreement before the effective date of the revised terms. If you do not agree to any revised terms, your sole recourse is to terminate this Agreement.
14. ENTIRE AGREEMENT
This Agreement sets forth the final, complete, and exclusive agreement between you and Shop Luxe regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements on such subject matter.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
If you have any questions or comments about this Agreement, the Site or Shop Luxe services or wish to terminate this Agreement, please contact Shop Luxe by email at firstname.lastname@example.org. Shop Luxe shall provide all notices to you at the email address or mobile number that you have provided to Shop Luxe. You are solely responsible for keeping that information current with Shop Luxe.
You hereby agree that all agreements, notices, disclosures, and other communications that Shop Luxe provides electronically to you satisfy any legal requirement that such communications be in writing.
17. SITE ACCESS
When you visit our website, we give you a limited licence to access and use our information for personal use. You are not permitted to download a copy of the information on this website to your computer for any personal use. You must not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
19. INTELLECTUAL PROPERTY RIGHTS
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
21. LIMITATION OF LIABILITY
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
a. To the full extent permitted by law, our liability for breach of an implied condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
d. We do not participate in any way in the transactions between our users.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
23. FORCE MAJEURE
If a Force Majeure event causing delay continues for more than 10, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
We agree to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
We agree to keep items and their owners confidential. Shop Luxe Pty Ltd will not disclose any information on cost of sale of product to family members, including but not limited to husbands, wife’s, siblings and or family and friends without the written consent from the owner of the items and or whom signed the terms and conditions of the agreement.