SELLERS TERMS & CONDITIONS
1. These terms and conditions (“Terms”) are the terms and conditions which apply to the relationship between sellers or potential sellers of garments and other goods through the Website and Portluxe.
2. In these terms the following definitions shall apply:
“Agreement” means any contract entered into between a Seller and Portluxe;
“Buyer” means the buyer of an Item which is sold through the Website;
“Total Payout” means the final amount you will receive once the items/s is sold in accordance with clause 11;
“Force Majeure Event” means any act or event beyond our reasonable control, including and without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack or war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks;
“Portluxe”, “us”, “we” and “our” means Port Luxe Sdn Bhd (Company No: 1077172-H) a company incorporated in Malaysia and having its registered office address at Unit C-6-5, 6th Floor, Block C, No 12, Jalan Yap Kwan Seng, 50450 Kuala Lumpur;
“Item” means any garment or other item sent by you to us with a view to it being sold via 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 “your” shall be construed accordingly);
“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.myportluxe.com
Offering Items for Sale
3. In submitting to sell the relevant Item(s) on your behalf and agreeing for the items to be consigned with us, means that you are sending your pre-owned items to Portluxe for the purpose of sale but still maintaining the ownership of the goods until it is actually sold.
4. In marketing and/or selling any Item through the Website, we are acting solely in our capacity as your agent and will not be responsible for any damage(s) or liabilities arising therefrom.
5. Within 10 working days of you submitting the item(s), we will contact you by email
(i) to confirm whether or not we are provisionally accepting the Item for sale;
(ii) if we are willing to accept the Item for sale (such decision being subject to examination of the Item), the proposed total payout of the Item. Items will only be accepted for sale when the seller agrees the to the payout amount.
6. We may, at our absolute discretion, refuse to accept any Item for sale, of which, we will notify you and return the item to you at your cost.
7. Upon agreeing the payout amount, we will send the items to get authenticated. If the item is found not genuine, we will immediately destroy the item/s and also will charge an administrative cost as follow to cover the authenticity charges.
(a) Handbags and Fine Jewellery - RM1000 per item
(b) Accessories, Clothing and Shoes - RM500 per item
8. Portluxe will list your items for a maximum of 16 weeks or 4 months from the day it is listed on the website. However, if the item remains unsold after that period, we will contact you to discuss either keeping it available for sale at a reduced payout price, or having it returned to you within 10 business days. No fees will be charged to arrange the return of items to you at the end of the 16 weeks or 4 months consignment term. However, item(s) requested to be returned before the consignment term will incur a MYR200 administrative fee.
Collection/Delivery of Items
9. You may choose either to:
(a) drop-off the Item at our premises at Port Luxe, B-0-2 & B-1-2, Plaza Damas, 60 Jalan Sri Hartamas 1, Sri Hartamas, 50480, Kuala Lumpur; or
(b) contact us to arrange for collection of an Item (10 units or more)
10. 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 trips.
11. By sending an item to us, you are confirming that:
(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 the necessary permission);
(b) where you are selling Items on behalf of somebody else, you have the owner’s permission to sell the item in your name as though the Item were your own;
(c) the Item is not stolen and/or counterfeit;
(d) the Item conforms to the description provided by you;
(e) the Item is in perfect condition, unless you have accurately informed us of any damage and/or wear to the Item and we have agreed to accept the Item subject to such damage and/or wear.
12. If the Item does not confirm to the above, Portluxe will return the items to you at your own expense and we will charge you an administration fee of RM200 plus additional cost for non authentic items (refer to clause 7) which needs to be paid before the item is returned/destroyed.
- Once your item is sold, we will hold the money for 15 days after the purchase, to ensure that the item is not returned subject to the return policy provided to the customer. We will then transfer the money according the agreed ‘total payout’ provided in the quotation. Payment will be made via bank transfer/cheque depending on the value of the payout. Portluxe is not viable for any delay caused by incorrect account details provided. We will aim to ensure that you receive your payment within 30 days from when the items are sold.
Warranties and Indemnities
14. You are responsible for ensuring the authenticity and originality of the Item before contracting with us under these Terms
15. You warrant that the Item is :
(a) lawfully owned by you and unencumbered;
(b) a genuine and original product;
(c) to the best of your knowledge, free from defects in workmanship, materials and design.
16. You shall keep us indemnified in full against all costs, expenses, damage(s) and/or losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by us as a result or in connection with your breach of any warranties.
17. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event.
18. In a Force Majeure Event that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you; and our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event.
19. You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.
20. No person other than Portluxe or a Seller shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.
21. These terms shall be governed in accordance with Malaysian law.