BY USING THE SERVICES TO SELL GOODS ON OUR MARKETPLACE, YOU ACCEPT ALL OF THE PROVISIONS OF THESE SELLER TERMS AND CONDITIONS AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE SELLER TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE SELLER TERMS AND CONDITIONS, THEN YOU ARE NOT AUTHORIZED TO SELL GOODS USING ANY OF SELLUXURY’S SERVICES.
For purposes of these Seller Terms and Conditions, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Seller Terms and Conditions, and that you agree to these Seller Terms and Conditions on the entity’s behalf, and (c) your entity is legally and financially responsible for your use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
All users who sell goods using the Services must accept and comply with the terms and conditions set forth herein. If you have any questions regarding these Seller Terms and Conditions, please contact us via email at firstname.lastname@example.org.
1. LlSTING AND PRICE
1.(1) The seller can use the available sales form, to commission SELLUXURY. For this purpose, the seller enters all relevant information regarding the sales item into the sales form and sends said form to SELLUXURY. The seller has the possibility to enter a desired price himself. For the time being, the sales item remains in the seller’s possession. The marketing of the sales item and the presentation, in particular on the SELLUXURY website, are based on the information in the sales form. The seller does not send the sales item to SELLUXURY until an offer to buy has been submitted.
1(2) Sending the sales form to SELLUXURY is deemed to be a binding sales order from the seller to SELLUXURY, which SELLUXURY accepts by means of a confirmation email or by activating the sales item on the SELLUXURY website. SELLUXURY reserves the right to refuse, terminate or cancel the sales item and the sales order associated with it at any time and without stating reasons. In the event of a refusal/termination/cancellation of a sales order, SELLUXURY will inform the seller thereof via email.
1.(3) The seller must enter the description of the sales item into the sales form provided by SELLUXURY by him- or herself and according to the facts and upload 5 to 10 photographs and video, at most, of the sales item (“product photographs”). SELLUXURY can - but is not obligated to - edit the sales item information and the product photographs in an editorial or artistic manner if necessary, in particular, to induce the best possible presentation of the sales item and in doing so, increase the chances of sale. SELLUXURY can also request new photographs from the seller in the case of insufficient image quality. In this case, the seller is obligated to immediately provide SELLUXURYwith new photographs.
1.(4) Only AUTHENTIC merchandise is permitted to be sold as sales items via the SELLUXURY website. Said sales items must be products for women in the area of garments, shoes, bags, accessories, jewelry or watches, whereby sales items from the brands in the Brands List provided by SELLUXURY, are preferred. The respective sales item must be unsoiled and have been cleaned as well as be in mint, very good or good condition. Sale items with severe traces of use, holes, odours or other damage are not permitted as sales items.
1.(5) The seller assigns the rights of use for the product photographs, videos and texts provided by the seller to SELLUXURY. SELLUXURY will use these product images, videos and texts for promotional purposes for the sales items, SELLUXURY and / or the SELLUXURY website. In addition, product images and texts of buyers can be used by SELLUXURY in the event of reselling, defined in User Terms 1.(4) and 1.(5).
1.(6) The seller ensures that he or she has the rights required to fulfil this contract regarding all texts and product photographs made available to SELLUXURY. SELLUXURY has the right to edit all the seller’s texts and product photographs prior to including them in its product range. The seller’s uploaded photographs of the sales item must depict the current condition of the sales item and may not mislead potential buyers in regard to the properties, condition or shortcomings of the merchandise. Furthermore, the photographs of the sales item may only show the sale item itself and in particular, may not include any persons.
1.(7) The Sellers may add comments in the space earmarked for this purpose. They may also add additional photographs of a Product that is listed on the Web Site, after publication of the Product Page on the Web Site. Any addition of images shall be subject to validation by SELLUXURY.
1.(8) A Seller may lower the Price of a Product, in which case the Commission of SELLUXURY shall be adjusted in keeping with the Commissions Scale shown at the end of these TERMS & CONDITIONS and the previous Price shall be shown crossed out on the Product Page.
1.(9) SELLUXURY will then present the sales item for the purpose of sale using the sales item information and product photographs, in particular on the SELLUXURY website, and make it publicly accessible, in particular for offers from buyers.
1.(10) SELLUXURY can also solicit the sales item outside the SELLUXURY website however, is not obligated to do so. SELLUXURY is also permitted to use the sales item including the sales item information and product photographs in line with promotional measures for the SELLUXURY website.
2.(1) The “Make an offer” functionality enables Buyers to confidentially negotiate the Price of a Product by sending an offer to the Seller, who may either accept it or reject it.
2.(2) In the event an offer is made by a buyer, accepted by a seller and sold, SELLUXURY will immediately inform the seller via email about the sale. The seller must immediately send the sales item to SELLUXURY after receipt of the notification however, within five work days at the latest. The seller bears the cost of shipment.
2.(3) After inspecting the sales item received and a positive assessment of compliance with the seller’s information regarding the sales item and provided that the sales item is not defective, significantly soiled or otherwise decisively limited, SELLUXURY will send the packaged sales item to the buyer. In the process, the packaging can include SELLUXURY’s own labels, logos or other indications.
3. SHIPPING AND DECLARATION
3.(1) A Seller whose Product has been sold shall receive a notification of this sale by e-mail informing them that the Product must be sent to SELLUXURY to check its compliance with its authenticity and description in the corresponding Product Page.
3.(2) A Seller can choose between three delivery options: “Drop-off”, “Pick-up” or “Ship on your on”. The “Drop-off” and “Pick-up” services are only valid for Sellers who reside in Israel and Ukraine. The “Pick-up” service available also in Russia.
3.(3) Sellers who reside in countries other than those mentioned above must bear all the costs of shipping, handling and insuring their Product until they reach the compliance checking units of SELLUXURY.
SELLUXURY’s checking units and partners:
|11806 NE 122 Ave,|
Unit cc 289, Vancouver, WA
|4904 Kentucky count|
Niagara Fall, Ontario
|Haraz Izhak Halevi 31/5|
Antonovicha 123, Kiev
3.(4) Sellers should endeavour to send the Products that they sell (after including the reference number of the item to the package) within three (3) working days following the confirmation of the sale. If the item wasn’t dispatched or not received within fifteen (15) calendar days following confirmation of the sale of the Product, it shall be entitled to cancel the sale of the Product involved and shall notify this to the Buyer.
3.(5) Ship on your own method: SELLUXURY disclaims any liability towards the Seller in case of damage caused to a Product or loss of a Product during its transit to SELLUXURY. In case of loss or damage of a Product by the carrier to which the Product was entrusted by the Seller for dispatching to SELLUXURY, the compensation due to the Seller shall consist of the compensation offered by the carrier. In order to insure the Products optimally while in transit to SELLUXURY, the Seller may take out, at its own initiative and at its own expense, an insurance policy covering loss or damage caused to a Product while in transit to SELLUXURY.
3.(6) SELLUXURY insure and assume responsibility for all items from the time they are received at our warehouse or handed over to the SELLUXURY’S currier until the item is received by the buyer. All items are insured against theft and accidental damage up to the selling price.
4. AUTHENTICITY & CANCELLATIONS
4.(1) The seller represent and warrant that all items submit for sale are authentic, as determined in SELLUXURY’s sole discretion. Sale Items are not deemed authentic by SELLUXURY until received, reviewed, and approved by SELLUXURY.
4.(2) SELLUXURY inspects whether or not the sales item it received complies with the sales item information provided by the seller, also with the transmitted product photographs and whether or not it is a matter of original merchandise or a fake.
4.(3) If the sales item does not comply with the sales item information or does not comply with the transmitted product photographs, SELLUXURY reserves the right to return the sales item to the seller at the seller’s risk and expense. SELLUXURY can make return shipment dependent on an advance payment by the seller.
4.(4) If any item is found to be a counterfeit, or not authentic, SELLUXURY will return the item to the seller upon payment of an Authentication Fee of $35, or $135 if the item is an Hermes bag.
If third party rights are asserted in the event of a fake, which obligate SELLUXURY to surrender the sales item, return shipment is not possible and therefore, also not owed by SELLUXURY. A claim for damages on the part of the seller of fake merchandise against SELLUXURY is excluded.
5.(1) The seller is obliged in all cases in which, in accordance with the above provisions a sales order is not concluded after the sending of an item or it has been expired by any termination or other reasons, to withdraw the concerning article (s).
5.(2) In such cases, SELLUXURY will return the item(s) to the address provided by the seller in personal account. SELLUXURY reserves the right to charge the shipping cost of the return, in the event an item does not comply with SELLUXURY's sales guidelines.
5.(3) SELLUXURY will inform the seller about the upcoming return.
6.(1) Fees from SELLUXURY are applied to the selling price including taxes: 20% fixed commission of the price listed on website.
SELLUXURY will only take commission if the item is sold.
6. (2) We may change these fees from time to time by posting the changes on the Website or by otherwise providing written notice to you of such changes.
7.(1) In order to receive payments, the Sellers must input their bank account details or PayPal account details into their client account, in order for SELLUXURY to be able to make a transfer to their bank account or their PayPal account. Please note that the family name and the first name of the Seller must correspond to those of the bank account in order for the transfer to be authorised by the bank involved.
7.(2) Wire transfer (subject to a -0.7% + 15 usd or -0.7% + 15 euro fee per transfer). Should the Seller opt for payment by bank transfer into their PayPal account, PayPal fees may apply. The Seller should check the terms and conditions of PayPal in their country.
7.(2) You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction.
7.(3) You may change your payment method at any time; however, changes will apply to future payments only. Payment methods cannot be changed for payments that have already been initiated.
8. TRANSFER OF THE OWNERSHIP OF THE PRODUCTS AND THE RISKS
The Products shall remain the property of the Seller, or should SELLUXURY be itself acting as the seller of its own Products, of SELLUXURY, until SELLUXURY shall have received full payment of the Price of the Order from the Buyer, including both capital and ancillary elements (taxes, Authentication Costs, Carriage Costs and any other costs that may be applicable). The transfer of the risks
of loss or damage of a Product to the Buyer shall take place upon receipt of the Product by the Buyer or by a third party that the Buyer shall have commissioned to act on their behalf. The Buyer shall therefore bear the risk linked to any damage caused to the Product after it is received.
Violations. If we believe you are violating these Seller Terms and Conditions, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement.