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Sellers Terms & Conditions

Introduction

  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.


Definitions

  1. 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;

“Final Offer Price” means the final price at which an Item will be marketed on the Website determined 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;

“My Bag Spa” means The Bag Spa Sdn Bhd (Company No: 1071414-V) a company incorporated in Malaysia and having its registered office address at Room 813, 8th Floor, Sun Kompleks, Jalan Bukit Bintang, Kuala Lumpur 55100 Malaysia;

“Jeeves” means Cornerstone Quality Sdn Bhd (Company No: 736350-U) a company incorporated in Malaysia and having its registered office address at 49 Jalan 2/152, Taman OUG, Batu 6, Jalan Puchong Kuala Lumpur 58200 Malaysia;

“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;

“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 determined in accordance with clause 9;“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); “Sell Now Form” means the online form submitted 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.portluxe.com.my

 

Offering Items for Sale


3. In submitting a Sell Now form you are requesting us to sell the relevant Item on your behalf.

 

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 a Sell Now Form, 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 Provisional Price of the Item. If you do not reject the proposed Provisional Price prior to sending to us, or us arranging collection of the relevant Item, you shall be deemed to have agreed to the Provisional Price.

 

6. The Provisional Price is a provisional estimated selling price only, which shall be determined with reference to all relevant factors including and without limitation to 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 Sell Now 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.

 

7. 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.

 

8. We will notify you the Final Offer Price by e-mail once inspection of the Item is completed by our respective valuers.

 

9. Upon receiving the items,  we will send it to get authenticated. If the item is found not genuine, we will return it at your cost 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

 

Collection/Delivery of Items

10. You may choose either to:

(a) drop-off the Item at our premises at Port Luxe, C-0-6 & C-1-6, Plaza Damas, 60 Jalan Sri Hartamas 1, Sri Hartamas, 50480, Kuala Lumpur; or

(b) contact us to arrange for collection of an Item

 

11. 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 tri

 

12. 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 in the Sell Now form;

(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.

 

Payment

 

13. You will be requested to choose your preferred Pay-Out method on our Website. You are responsible for providing us with accurate account details and all other relevant details.

 

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.

 

Force Majuere

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.

 

General

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.