Seller's Terms and Conditions
This website is operated by The Luxe Library Pte Ltd ("The Luxe Library"). Throughout the site, the terms “we”, “us” and “our” refer to The Luxe Library.
In these Terms the following definitions shall apply:
“Agreement” means any contract entered into between a Seller and The Luxe Library;
“Buyer” means the buyer of an Item which is sold through the Luxe Sales section of the Website;
"The Luxe Library", means The Luxe Library Pte Ltd, a limited company registered in Singapore, having Unique Entity Number 20171711H;
“Item” means any garment or other item sent by you to us with a view to it being sold via the Luxe Sales section of the Website;
“Marketing Price” means the price at which an Item is marketed on the Website (i.e. an agreed Provisional Price);
“Provisional Price” means the provisional price at which an Item is proposed to be marketed on the Website;
“Seller” or “you” means the person named in the registration page as the owner of an Item on whose behalf we are selling (and you shall be construed accordingly);
“Seller Form” means the form submitted to us by a Seller wishing to sell an Item which contains a description of such Item;
“Start Date” means the date on which an Item is first marketed on the Website;
“Terms” means these Seller’s Terms and Conditions and “Website” means our website www.theluxelibrary.com.
3. OFFERING ITEMS FOR SALE
In submitting a Seller Form you are requesting us to sell the relevant Item on your behalf. If you are selling more than 10 items, you can request our free concierge, meaning our team comes to you to collect the items, photographs the items and returns them to you.
In marketing and/or selling any Item through the Luxe Sales section of the Website we are acting solely in our capacity as your agent.
Within 5 working days of you submitting a Seller Form, we will contact you by email (i) to confirm whether or not we are willing to provisionally accept the item for sale, (ii) to arrange free collection at your place, in case you are eligible for the concierge service, and (iii) to propose a Provisional Price of the Item. If we do not receive any objection from you in relation to the Provisional Price prior to putting the item for sale on the website, you shall be deemed to agree to the Provisional Price.
The Provisional Price is a provisional estimated selling price only, which shall be determined with reference to all relevant factors including, without limitation, the original retail price of the Item, the age, style and condition of the Item and other relevant market factors. Unless you have informed us otherwise in the Seller Form, in setting the Provisional Price we shall assume that the Item is in perfect condition. We reserve the right to review and adjust the Provisional Price upon receipt of the Item.
We may, at our absolute discretion, refuse to accept any Item for sale.4. COLLECTION / DELIVERY OF ITEMS
Once the Item is sold via the website, we will contact you for collection of the Item. We shall either provide you with details of our courier service, with whom you can arrange for free collection of the Item from a Singapore mailing address or we will collect the item from you directly.
Whether sent by courier or otherwise, it is your responsibility to ensure that the Item is carefully and securely packaged so that it reaches us in good condition.
In the event that you arrange for collection of an Item, it is your responsibility to ensure that the Item is available for collection on the agreed day. If our courier is unable to collect an Item because there is no one available at the agreed collection address, or you have provided an incorrect or incomplete collection address, we reserve the right to make a reasonable charge for any repeat collection trip.
For Items in our possession, the consignment period is minimum 1 month from Start Date. The Seller is not able to request the return of his/her items before the end of this period.
An Agreement between you and us for The Luxe Library to sell an Item on your behalf as your agent comes into existence at the moment an Item is put for sale on the website, such Agreement being governed by these Terms to the exclusion of all other terms, conditions and representations whether written or oral.
Risk in Items passes to The Luxe Library upon physical receipt by an authorised representative of The Luxe Library. If you require Items sent by post to be insured against loss, damage or delay during transit, then it is your responsibility to arrange and pay for such insurance. When posting the item to us we strongly recommend you obtain proof of postage.
By giving us the right to put the item for sale on the website, you are confirming that: a. either (a) you are the rightful owner of the Item in question and you have full authority to sell the Item without anyone else's permission (or that you have obtained any necessary permission); or (b) where you are selling Items on behalf of someone else, you have the owner's permission to sell the Item in your own name as though the Item were your own; (c.) the Item may be lawfully sold to consumers in Asia; (d.) the Item is not stolen or counterfeit; (e.) the Item conforms to the description in the Seller Form and to your rating of the item’s condition ; unless you have accurately informed us or included details in the description of the listing, of any damage or wear to the Item and we have agreed to accept the Item subject to such damage or wear, the Item is in perfect condition; and (f.) if the Item has been worn, it has been professionally dry-cleaned.5. ACCEPTANCE / REJECTION OF ITEMS
Within 5 days of receipt of an Item we shall examine it and confirm to you by email whether or not the item can be sold at the provisional price. If we accept an Item for sale, unless we notify you that we consider the Provisional Price is too high or too low, the Marketing Price shall be the same as the Provisional Price.
We shall be entitled, at our absolute discretion, to reject any Item received by us for any reason (even if the Item was provisionally accepted by us), in which event we shall email you to enquire whether either (i) you wish us to return the Item to you (which shall be at your expense and your risk) and notifying you of the cost of returning the Item; or (ii) you wish us to donate the Item to charity (the identity of the charity being our choice).
If we receive an item which is soiled and/or needs repair, we shall email you and may subject to your consent, arrange to have the Item cleaned and/or repaired at your expense and at your risk. If you do not consent to the Item being cleaned and/or repaired or you do not agree to any proposed cleaning or repair charge, we shall return the Item to you at your expense.
If having examined the Item we consider that the Provisional Price is too high or too low, we shall send you an email notifying you of a revised price (the proposed Marketing Price). If you object to the revised price by email within 48 hours of when our email was sent, we shall return the Item to you at your expense within 14 days. If we do not receive any objections from you within the 48 hour period referred to above you shall be deemed to agree that we may market the Item at the proposed Marketing Price.6. MARKETING ITEMS ON THE WEBSITE
If we do not reject the Item to be sold on the website, we shall have the sole and exclusive right to act as your agent to sell the Item on these Terms and you shall not, during the term of the Agreement, try to sell the Item yourself or appoint any other person or company to sell the Item for you.
Errors regarding product information or typographical errors on the Website may occur. The Luxe Library will only confirm the price and details of a product after the buyer's order. If a product happens to be listed at an incorrect price or with incorrect information, The Luxe Library shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. The Luxe Library may, at its discretion, either contact the buyer for instructions or cancel the buyer's order and notify the buyer of such cancellation. The buyer's offer will only be deemed accepted once the product ordered by the buyer has been dispatched. Until the dispatch of the product The Luxe Library will have the right to modify the price of the product and contact the buyer for further instructions using the e-mail address registered with The Luxe Library. At latest, in the event that the buyer's order is accepted, the price of the ordered product or products shall be debited to the user. The payment may be processed prior. If the order is cancelled after the payment has been processed, the said amount will be reversed back to the buyer. Prices and availability are subject to change without notice. Items will be marketed on the Website by means of a written description provided by us (and additionally, at your option, a written description provided by you), which shall include the Marketing Price, and at least one photograph. We may amend your or our written description at any time until the Item is sold.
Copyright in our written description of the Item and the photograph(s) of it, and in any other marketing/promotional material we produce in relation to the Item shall belong to us. You shall not reproduce, nor permit anyone else to reproduce, such written description, photograph(s) or marketing/promotional material without our prior written consent.
We shall market the Item subject to our standard Buyers' Terms and Conditions as published on the Website as amended from time to time.
We shall market the Item at the Marketing Price (or any revised Marketing Price) for minimum 4 months from the Start Date.
The Marketing Price is an estimate only of the price we think the Item might reasonably fetch having examined the Item, bearing in mind its condition. We do not make any representation or give any assurance that the Item will be sold at the Marketing Price or at all.
If after 4 months from the Start Date the Item is not sold, we may contact you to discuss reducing the Marketing Price in order to sell the Item.
We reserve the right to cease marketing an unsold Item at any time, in which case we shall email you to enquire whether either: (i) you wish us to return the Item to you (which shall be at your expense and your risk) and notifying you of the cost of returning the Item; or(ii) you wish us to donate the Item to charity (the identity of the charity being our choice).
You may request us by email to cease marketing an Item at any time before we have accepted an offer from a Buyer to purchase it, and take it off our website or return it to you. However, if you do request us to cease marketing an Item within 4 months from the Start Date we will charge you an administration fee of S$15. We shall cease marketing the Item, and it shall be withdrawn from the Website in each case within 2 working days of receipt of your request. In addition, the return of the Item shall be at your risk and your expense. You acknowledge and agree that you shall not be able to request the return of any Item or revoke our authority to sell such Item once we have accepted an offer from a Buyer to buy it.
If you fail either (i) to pay when requested the costs of shipping any Item back to you or (ii) to collect the relevant Item from our offices, in either case within 3 months of date of the email, we may donate the Item to a charity of our choice without further notice to you.7. SALE OF ITEMS
Once a Buyer has paid the Price for the Item and all other sums due to us under the Buyers' Terms and Conditions, we shall release the Item to the Buyer.
When we sell an Item we shall notify you by email and shall send to you a transaction statement for the commission due in respect of that Item within 28 days after the Item has been shipped to the Buyer.
We shall be entitled to retain a percentage of the proceeds of sale of the Item by way of commission, and we shall remit the balance of the proceeds of sale to you less any VAT and other applicable charges provided for in these terms, incurred by us in relation to the Item within 28 days after the Item has been shipped to the Buyer. Commission rates will follow the Commission Chart below:
THE LUXE LIBRARY COMMISSION CHART
Sales Proceeds received per item sold Our Commission rates
Sale proceeds per item under SGD1,000 20% (minimum of SGD50)
Sale proceeds per item at or over SGD1,000 15%
The aforementioned stipulated rates may vary in accordance to promotional activities carried out by The Luxe Library without prior notice.
The Luxe Library will use its best efforts to sell the goods for the benefit of the Seller. This includes selling them at physical events where potential buyers will have the possibility of trying on the items.
Unless otherwise agreed in writing, we shall pay the amount of the proceeds of sale due to you by bank transfer to such a Singapore bank account as you shall nominate.
Option of a direct purchase of the Product by The Luxe Library after the Product Information has been reviewed by The Luxe Library and following any negotiations regarding the Price, The Luxe Library may offer to purchase the Seller's Product directly itself. Correspondence in this regard will normally be exchanged directly via emails. Once the terms of sale are agreed upon, The Luxe Library shall send the Seller a purchase order for the Seller to countersign. Following signature of the purchase order, a binding contract for the sale of the Product is formed between The Luxe Library and the Seller and the Seller must then proceed to ship the Product to The Luxe Library. The Seller should endeavor to dispatch the Product by post within 2 working days following confirmation of sale and in any event, should dispatch the Product no later than 6 working days following the date of that confirmation.8. LIMITATION OF LIABILITY
We shall not be liable: (i) for any inaccuracy, error, misdescription or omission in any description of an Item marketed on the Website or otherwise; (ii) in relation to the setting the Price of any Item; (iii) for any failure to achieve a sale of any Item; or (iv) for any loss or damage arising from any interruption to the operation of the Website for any reason, in each case whether arising from our negligence or otherwise.
To the fullest extent permitted by law, we shall not be liable to you under these Terms for any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue or for any indirect consequential or economic loss or damage whatsoever howsoever arising out of or in connection with these Terms or the performance of the Agreement or any breach of the Terms or Agreement by us.
Our aggregate liability to you under these Terms shall be limited to a sum equivalent to: a. the Marketing Price at which the Item was marketed on the Website immediately prior to the act or omission by us giving rise to a claim by you; or b. the Provisional Price, if the Item was never marketed on the Website; or c. the market value of the Item, if we never proposed a Provisional Price for the Item.
The limitations in clauses mentioned above shall not apply to limit our liability if and to the extent that we have been guilty of fraud or dishonesty, or in relation to a claim for death or personal injury resulting from our negligence.
We shall not be liable to you for any loss or damage arising as a result of our being prevented from performing our obligations under these Terms by reason of circumstances beyond our reasonable control.
The user agrees to indemnify and hold The Luxe Library (and its officers, directors, agents, subsidiaries, joint ventures, holding companies, affiliates and employees) harmless from any claim or demand, including any attorneys' or other legal fees, or arising out of or related to the user's breach of these Terms, or the user's violation of any law or the rights of a third party.
If a counterfeit or banned Product is nevertheless listed for sale or seized by the competent authorities or the relevant brand/rights holder after having being sold, the Transaction shall be cancelled. In this case, Sellers shall refund to The Luxe Library any amounts the Sellers may have received in connection with the sale of such Products and shall compensate us for any costs incurred by The Luxe Library and/or the Buyer arising out of the Seller's activity.
The Luxe Library is an intermediary between Sellers and Buyers, thus we shall not be liable if Sellers list counterfeit in the Website. Nonetheless, The Luxe Library is obliged to report to Singapore Customs office if it identifies any individual trying to sell counterfeits.
Without prejudice to anything in the Terms and Conditions if a product(s) has been returned to you and/or is to be returned to be returned to you, upon the delivery of such product(s) a written confirmation and/or claim for any error(s) with respect to any loss or damage caused to the product(s) must be made within a period of 15 (fifteen) days (“Claim Period”). If however we do not receive such a confirmation or claim within the Claim Period you will waive your right to make any further claims and we cannot be held liable for any loss or damage caused to the product(s) and no compensation whatsoever will be owed by us to you.9. GENERAL
You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.
No person other than The Luxe Library or a Seller shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.
These Terms shall be governed by interpreted in accordance with Singapore law.