This SELLUXURY US LLC ('SELLUXURY') Terms of Conditions ('Terms') governs your access to and use of SELLUXURY’s website located at www.selluxury.com (the 'Site') and services (collectively the Site and services are referred to as 'Services'). Read these Terms carefully, AND PAY SPECIAL ATTENTION TO SECTION 21 WHICH REQUIRES MANDATORY ARBITRATION TO RESOLVE DISPUTES. By browsing, accessing, creating an account, or using SELLUXURY’s Services in any manner, you agree to be bound by these Terms and SELLUXURY’s Privacy Policy, which is incorporated by reference. SELLUXURY may modify these Terms prospectively; and your use of the Services after notice of modification, which may be provided by displaying the notice generally through the Services, will constitute your acceptance of the modifications.
1. General Provisions
1.1. The Seller, on the one hand, and the Buyer, MARKETPLACE, and any person who has accepted the terms of this Public Offer Agreement, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons. It is the official public Offer concluded between the Seller and the Buyer as a contract for the sale of Goods, photos of which are posted in the appropriate section of selluxury.com. The Seller intends to sell the Goods through the selluxury.com website. By purchasing the Goods, the Buyer accepts the terms of this Agreement as follows:
1.2. The moment of the Buyer's full and unconditional acceptance of the MARKETPLACE'S (selluxury.com) Offer to conclude an electronic contract for the sale of Goods is the successful transaction of the Buyer's payment for the Order under the terms of this Agreement, at the prices indicated on the website selluxury.com.
1.3. The moment the Seller dispatches the sold Goods is the moment the Seller fully and unconditionally accepts the MARKETPLACE'S (selluxury.com) Offer to conclude an electronic contract of sale of the Goods under the terms of this Agreement.
2. Concepts and definitions
2.1. In this Offer, unless the context requires otherwise, the following terms have the following meanings:
'Goods' – clothes, shoes, purses, jewellery, and other accessories;
'MARKETPLACE' – an intermediary between the Buyer and the Seller, an authorized person who guarantees the authenticity of all the Goods presented at selluxury.com, online-platform for publishing private adverts and selling new or used branded items by effectingan electronic transaction;
'Seller' – an individual or legal entity who sells the goods presented on the MARKETPLACE at selluxury.com in accordance with the terms set out below;
'Buyer' – an individual or legal entity that has entered into an Agreement with the MARKETPLACE selluxury.com according to the terms set forth below;
'Order' – the purchase of Goods, made by the Buyer through the shopping cart on the website selluxury.com;
'Client' – an individual or legal entity using the services provided by the MARKETPLACE selluxury.com;
3. Subject of the Agreement
3.1. The Seller undertakes to transfer the sold Goods to the ownership of the MARKETPLACE, and the Buyer undertakes to pay and receive the Goods under the terms of this Agreement.
This Agreement governs the sale and purchase of Goods on the MARKETPLACE, including:
4. Direct offers
4.1. The Buyer has the right to bid directly to the Seller. The offered price should not be less than 50% of the indicated value.
4.2. The Seller has the right to reject, ignore or accept the Buyer's Offer.
4.3. The Goods from the Offer accepted by the Seller become available in the Buyer's cart for 24 hours from the moment the Offer is accepted. After the expiration of the specified period, the approved Offer ceases to be valid, and the Goods are removed from the Buyer's cart.
5. Reservation of Goods
5.1. A reservation option is available for Goods marked 'ready to ship'.
5.2. In order to make a reservation, the Buyer is obliged to effect an advance payment of 5% of the total cost of the Goods.
5.3. The maturity of the balance is twenty (60) days from the date of the first installment.
5.4 In the event that the Buyer is unable to pay the remaining amount, or in the event that the Buyer cancels the reservation or returns the Goods, the amount of the initial payment will not be refunded.
5.5. The Goods will be sent to the Buyer after full payment.
6. Comments and direct communication with the Seller
6.1. The Buyer has the right to request additional information about the Goods through comments on the product page.
6.2. The Buyer and the Seller undertake to comply with the following rules for commenting on Goods on the Site:
Compliance with the discussion rules will ensure that your comment is posted.
7. Ordering procedure
7.1. The Buyer has the right to place an order for any product presented on the MARKETPLACE and available in stock by paying for the Goods through the shopping cart on the MARKETPLACE'S website.
7.2. In the event of Goods being out of stock, the MARKETPLACE will immediately refund the full amount to the Buyer.
8. Payment
8.1. The Buyer can pay for the Order by PayPal payment system or by credit card.
8.2. The main currency of payment for the Goods is the US dollar (USD).
8.3 Payment to the Seller for the sold Goods shall be effected in US dollars to the Seller's personal account, specified in their personal account on the website, immediately after verification of the Goods' authenticity.
8.4. Payment for Goods published with the mark 'returns accepted' will be made in accordance with the terms of the return policy (seven days after the Buyer receives the Order).
9. Buyout
9.1. To obtain an estimated cost, a website form should be filled out, or photos can be sent by using a quick link to send photos via Viber / WhatsApp / Telegram/ Facebook.
9.2. The Seller is required to provide reliable information about the overall condition of the Goods and detailed photographs of all existing defects and deficiencies.
If the Goods have been dry-cleaned or painted, this must be indicated by the Seller when submitting a request for evaluation.
9.3. Inconsistency between the actual Goods and the declared condition may result in the termination of the transaction or a decrease in the value initially proposed by Selluxury.
9.4. The offered price is based on the condition of the product, the relevance of its model, as well as the average cost of the product on the secondary market.
9.5. The Seller has the right to accept or reject the Offer. Should the Seller accept our offer, the Seller is obliged, within 60 days from the date of receipt of the valuation, to deliver the Goods to Selluxury for verification of their authenticity and condition.
9.6. By sending the Goods to Selluxury, the Seller hereby declares and guarantees its authenticity.
9.7. The authenticity and conformity of the declared condition are determined by Selluxury experts only upon receipt of the Goods.
Should the received Goods turn out to be counterfeit, they will be returned to the Seller at their own expense. In addition, the Seller will also be obliged to cover the cost of the examination in the amount of $ 35 per unit or $ 135 for the Goods of such brands as Hermes / Rolex / Patek Phillipe / Van Cleef & Arpels / Tiffany & Co ./ Chopard.
SELLUXURY reserves the right to refuse the buyout of particular Goods without giving any reasons.
9.8. After verifying the authenticity of the Goods, payment is made instantly to the Seller's personal account specified in the personal profile on the Site.
10. Authentication services
10.1. A certificate of authenticity is provided only for the Goods recognized as authentic. Should the Client's Goods turn out to be counterfeit at the end of the check, the Client has the right to request additional documentation that might be required to resolve the dispute at no extra charges. Any documents for resolving disputes, or any other documents provided by our specialists, received at the additional request of the Client, are not stored on our server and do not contain a QR code for general access on our website.
10.2. The estimated lead time is 1-2 business days. Should our specialists need more time to complete the Order, SELLUXURY reserves the right to allocate as much time as is needed to process the Order (not more than ten additional days from the date of application).
A period from two (2) to ten (10) days is not considered a delay in the execution of the application and does not give the right to obtain a refund of the service cost.
10.3. SELLUXURY'S authentication result is the opinion of our experts – 'original' or 'not authentic'. This opinion has no legal obligation and is not considered as having such.
10.4. SELLUXURY specialists do not disclose authentication methods. Authentication methods are our intellectual property.
10.5. The Client's disagreement with our experts' result is not a reason for requesting a refund of the examination cost. The Client has the right to have the Goods re-examined by a third party.
10.6. The Client is obliged to provide all photographs that are required for authentication. Failure to provide all the required photographs does not entitle the Client to a refund of the examination costs.
SELLUXURY provides up to ten (10) days for the receipt of additional photos requested for authentication. Should the images not be received within ten (10) days, the application will be rejected, and a refund will not be possible.
10.7. After completing the authentication, a refund of the examination costs will not be possible unless approved by SELLUXURY.
Refunds will only be made if our experts are unable to authenticate the Goods.
11. Delivery of the sold Goods
11.1. Delivery of the sold Goods can be carried out, at the discretion of the Seller: through the SELLUXURY courier, by cash on delivery, or through the postal companies, depending on the Seller's country. The cost of this delivery is paid by the MARKETPLACE if the package was sent from USA, UKRAINE or ISRAEL.
11.2. To receive a refund of the delivery cost, the Seller is required to provide a copy of the receipt, including the tracking number of the shipment in electronic form.
11.3. After the Goods have been received by the MARKETPLACE, the Seller is not entitled to withdraw the Goods or cancel the transaction unless such Goods are sent for sale through the use of concierge-service.
11.4. It is the Seller's responsibility to pay any customs fees.
12. Delivery of the Order
12.1. The Seller must deliver the Goods purchased by the Buyer to the MARKETPLACE address in order to check the conformity of their condition and authenticity, after which the MARKETPLACE will send the Goods to the Buyer.
12.2. The Order deliveries are carried out by SELLUXURY'S courier or through the postal companies Nova Poshta, FEDEX, USPS or Eco-Post depending on the Buyer's country.
12.3. The cost of shipping to the USA, Ukraine, and Israel is covered by the MARKETPLACE. Shipping to other countries is paid by the Buyer.
12.4. All international Orders are subject to taxes upon receipt. The amount of tax depends on the recipient'scountry. The Buyer is fully responsible for paying any additional customs duty required by the customs authorities.
12.5. All orders will be declared at full purchase price and indicated as 'used'.
13. Rights and obligations of the parties
13.1. The Seller is obliged to:
13.2. The Seller has the right to:
13.3. The Buyer is obliged to:
13.4. The Buyer has the right to:
If the check confirms the non-originality of the Goods, the Buyer has the right to receive a full refund of the purchase from the MARKETPLACE. (The term for additional verification is twelve (12) months from the date of purchase of the Goods). After this period, no claims regarding the originality of the goods will be considered.
14. Responsibilities of the parties
14.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement.
14.2. The MARKETPLACE is responsible for:
14.3. The MARKETPLACE is not responsible for:
14.4. The Buyer, using the Internet access provided to him, is independently responsible for any harm caused by his actions (personally, even if another person was under their login) to individuals or their property, legal entities, the state, or moral principles.
14.5. In the event of force majeure, the parties are exempted from fulfilling the terms of this Agreement. For the purposes of this Agreement, force majeure means any event of an extraordinary and unforeseen nature that excludes or objectively interferes with the execution of this Agreement and the occurrence of which the Parties cannot prevent by reasonable means.
14.6. The parties shall make every effort to resolve any disagreements exclusively through negotiations.
15. Cancellation of the transaction
15.1. Reasons for canceling the transaction:
If, after examination by the MARKETPLACE, the sold Goods turn out to be non-genuine, the Goods shall be returned to the Seller at their expense, including examination costs ranging from $ 15 to $ 135 (US dollars), depending on the brand and category of the Goods. These will be sent to the address specified in the Seller's website profile immediately after payment is received.
16. Other conditions
16.1. The MARKETPLACE reserves the right to amend this Agreement unilaterally.
16.2. The Buyer is responsible for the accuracy of the information specified when placing an Order. When placing an order and subsequently making a payment for the Goods, the Buyer provides the MARKETPLACE with their unconditional consent to the collection, processing, storage, and use of personal data, under the Law of Ukraine 'On the Protection of Personal Data'.
16.3. The Buyer's payment for the Order placed on the MARKETPLACE means the Buyer's full Agreement with the terms of the purchase and the sale agreement (Public Offer).
16.4. The information provided by the Buyer and the Seller is confidential. The MARKETPLACE acts as an intermediary between the parties and uses information about the Buyer and the Seller solely for the purpose of processing an order, sending notifications, delivering Goods, and making settlements.
17. Procedure for the return of items in good condition
17.1. The cost for returning the Goods to the MARKETPLACE'S address is at the Buyer's expense.
17.2. In the case that the Buyer returns the items in good condition, the MARKETPLACE will reimburse the amount paid upon receipt of the Goods on the basis of the return policies.
17.3. The term for returning the Goods is seven (7) days from the receipt of the Buyer's Order.
18. Concierge service
18.1. The Goods transferred to the MARKETPLACE by the concierge service for further sale on the Site have no validity period and can be recalled by the Seller at any time if the Goods are not sold at the time of the return application.
18.2. The withdrawn Goods will be immediately returned to the Seller's address specified in their personal account on the website.
18.3. The cost of the return of Goods in the 'concierge service' category is $35 for all items.
All information and content available on our Site and our pages in social networks (Facebook, Instagram), including any text, graphics, images, logos, icons, audio, and video clips, are the property of SELLUXURY. All rights are protected by international copyright laws and other intellectual property laws. The compilation of all content on the Site is the exclusive property of SELLUXURY.
20. Duration of the Agreement
20.1. An electronic contract is considered valid from the moment the Buyer pays for the Goods, and the Seller responds to the confirmation of the sale until the moment when the Seller receives payment for the sold Goods.
20.2. Until the expiration date, this Agreement cannot be terminated.
21. Dispute Resolution
ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND SELLUXURY RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (“DISPUTE”), WILL BE RESOLVED BY BINDING ARBITRATION IF IT CANNOT BE RESOLVED THROUGH NEGOTIATION AS SET FORTH IN THIS SECTION 21.
ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
If you have a Dispute with SELLUXURY, you must send written notice describing the Dispute to SELLUXURY to allow SELLUXURY an opportunity to resolve the Dispute informally through negotiation. Your notice must be sent to the following address: SELLUXURY, 17350 State Hwy 249, Ste 220 #15259 Houston, Texas 77064. If we have a Dispute with you, we will send written notice (email or letter) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 30 days after notice of a Dispute has been provided. If the Dispute is not resolved within 30 days from receipt of notice of the Dispute, you or SELLUXURY may proceed to have the Dispute resolved through arbitration as each party’s exclusive Dispute resolution process (except for the limited exceptions set forth above).
YOU AND SELLUXURY EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION. YOU AND SELLUXURY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS THAT ARE PERMITTED BY, AND DEEMED UNWAIVABLE UNDER, TEXAS STATE LAW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Should you have additional questions regarding this Terms, please contact us at info@selluxury.com.