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    1. Who We Are
      1.1 Luxequisite
      Luxequisite,is a proprietary limited company incorporated in Singapore ("Luxequisite", "us", "we" or "our"). We are an online marketplace platform dedicated to connecting buyers and sellers of jewellery products. Through our platform and services, we act as a merchandiser, appraiser and photographer and provide customer service to create a seamless, secure user experience for sellers and buyers who seek a better value approach to procurement and liquidation of jewellery products.1.2 The Services
      Our websites and domains, including www.luxequisite.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites are collectively referred to as our "Site". All of the services available on or through the Site or otherwise provided by us (including our application programming interfaces) maintained and provided by Luxequisite are referred to in this document as our "Services".Through our Site, Luxequisite provides a simple and secure means for end users ("you" or "end users") to create an account with us and list for sale, sell or purchase jewellery products ("Products"). When you create an account with us, you may be asked to provide information that personally identifies you and/or your location, including your name, date of birth, email address, postal code or zipcode, state and country of residence, and telephone number ("Registration Data"), but only when you voluntarily give it to us.Access to and use of password protected and/or secure areas of the Site and/or use of the Services are restricted to end users with accounts only.If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s), their acceptance to the terms of this Agreement and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or sale or purchase of Products; and (iii) your acceptance and compliance with this Agreement. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Site and using the Services immediately.
    2. Applicable terms and conditions.2.1 Agreement between Luxequisite and you
      By visiting the Site or using the Services in any manner, including but not limited to creating an account with us, purchasing Products on the Site (as a "Buyer"), listing for sale or selling Products on the Site (as a "Seller") or otherwise using the Services, you agree to observe and be bound by these end user terms of use ("Agreement"). By creating an account with us on behalf of a corporate entity, you agree to accept the terms of this Agreement on behalf of that entity (and all references to "you" or "end user" in this Agreement shall refer to that entity).Additionally, where applicable, the following terms shall also form part of this Agreement:
      (a) if you are a Seller – the Consignment Terms
      (b) if you are a Buyer – the Buyer's Terms2.2 Agreement between Buyer and Seller
      Any sale of Products is a matter between the Buyer and Seller and such sale shall be governed by a separate contract of sale formed between the Buyer and Seller ("Customer Contract") which shall consist of: (i) the template Terms of Sale; and (ii) any additional terms as stated by the Seller on the Site.
    3. Use of the Services
      3.1 Grant of licence We grant you a personal, non-exclusive, non-transferable, revocable, limited right (without the right to sub-licence) to access and use the Site solely for the purposes of receiving the Services. Any rights not expressly granted to you under this clause are expressly reserved.3.2 Guidelines to the use of Site and/or Services
      You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the Site, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site.3.3 Restrictions
      You shall not, and you shall not permit anyone else to, directly or indirectly:
      (a) except as expressly permitted by law, rent, lease, sub-licence, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble, make error corrections or create derivative works based on the whole or any part of the Site or Services;
      (b) remove Luxequisite's or any other end user's trade mark, copyright notice or any other proprietary notice;
      (c) rent, lease, distribute, resell or use the Services for any commercial purposes;
      (d) engage in any activity that interferes with or disrupts the Services or the Site;
      (e) upload any comments or ideas that violates or infringes another party's right of publicity, privacy, copyright, trade mark or other intellectual property right;
      (f) violate any applicable laws, rules, regulations, standards and licensing requirements, in connection with your use or access of the Services ("Applicable Law");
      (g) use the Services in violation of or to circumvent any sanctions or embargo;
      (h) use the Services for any purpose for which it is not designed or intended;
      (i) use the Services to create or promote a product, service or software that is directly or indirectly competitive with or in any way a substitute for the Services;
      (j) use the Services to send, post or otherwise communicate any content that is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene or is racially, ethically or otherwise objectionable;
      (k) use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services;
      (l) collect any information in respect of other end users without their consent; and

(m) obtain or attempt to obtain unauthorised access to such parts of the Site and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

All material, data, text, content, graphics, images, videos, sounds and other content ("Content") contained on the Site or delivered through the Services is protected by intellectual property rights, including trademarks and copyright, which is owned by or has been licensed to Luxequisite. You agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works of any Content, or post any Content on any other website or in a networked computer environment for any purpose.

  • Luxequisite accounts4.1 You must keep your account details safe
    Certain Services that may be made available on the Site may require creation of an account with us or for you to provide personal data. If you request to create an account with us, a username and password shall be provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Site. We may at any time in our sole and absolute discretion, request that you update your personal data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.You hereby agree to change your password from time to time and to keep the username and password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorised use of the username and/or password or if your personal data requires updating.4.2 You are responsible for any use of your account
    You agree and acknowledge that you shall be responsible for all persons who use the Services and/or access the Site through your account. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses attributable to any use of any Services and/ or access to the Site through your account.4.3 Commentary and modifications
    You may choose to or we may invite you to submit comments or ideas about improvements to the Service or the Site or any other component of the Products or Services ("Commentary"). If you submit any Commentary to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Commentary. You also agree that Luxequisite has no fiduciary or any other obligation to you in connection with any Commentary you submit to us, and that we are free to use your Commentary or the ideas reflected in the Commentary without any attribution or compensation to you.
  • Intellectual property5.1 Ownership
    The intellectual property in and to the Site and the Services are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its intellectual property to the fullest extent of the law.5.2 Restricted Use
    No part or parts of Site, or any Content may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.Subject to clause 5.3, permission will only be granted to you to download, print, or use the Content for personal and non-commercial uses, provided that you do not modify the Content and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Content.5.3 Trademarks
    All trademarks, service marks, trade names and logos used and displayed on the Site ("Trademarks") are registered and unregistered trademarks of us or third parties. Except as expressly provided in this Agreement, nothing on the Site and in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
  • CompatibilityLuxequisite does not warrant that the Site or Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Luxequisite and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Site or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Site or any part of the Services.
  • Representations and Warranties. 7.1 Your warranties
    You may need to create an account with us in order to use some parts of the Services. When you create an account with us, you hereby represent and warrant that:
    (a) if you are an individual:
    (i)    all information which you provide is accurate, up to date, truthful and complete;(b) if you represent a corporate entity:
    (i)    you have the full right, legal power and actual authority to bind such entity to this Agreement;(ii)    that entity is duly organised, validly existing and in good standing under the laws of the state, province or country of its incorporation; and(iii)   all information which you provide is accurate, up to date, truthful and complete.

    7.2 No warranties
    Subject to clause 3 of the Consignment Terms (if you are a Seller), all Services are provided "as is" and "as available", without any express, implied or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of warranty or guarantee.

    Luxequisite shall not give any warranty as to:
    (a) the accuracy, reliability or correctness of any data provided through the Services;
    (b) that the Services will function in an uninterrupted manner or be secure or free from errors; and
    (c) that the Services will be free of viruses or other harmful code.

    Nothing in this Agreement operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under any law where to do so would contravene that law or cause any term of this Agreement to be void. To the extent that they are not permitted to be excluded, our liability shall be limited to supplying the Services again or paying the cost of having the Services supplied again.

  • Limitation of liabilityUnder no circumstances will Luxequisite be liable to you for exemplary, special, indirect, incidental or consequential loss or damage (including any or actual prospective lost revenue or profits) resulting from your use or inability to use the Services or for any other damages arising out of or in connection with this Agreement, even if such damages are reasonably foreseeable.Further any liability not disclaimed or denied by Luxequisite is limited to your direct and documented damages and, you agree, that in no event will such liability exceed in aggregate the following amounts as applicable to you:
    (a) if you are a Buyer - ; or
    (b) if you are a Seller – the aggregate Commission paid by you to Luxequisite in the 6 months immediately preceding the occurrence of the event giving rise to the claim.These limitations of liability apply regardless of the basis of your claim, including contract, tort, negligence, strict liability or any other legal theory or basis.
  • IndemnityYou agree to indemnify and hold harmless Luxequisite, our affiliates, and their respective employees, agents, and service providers (each a "Luxequisite Entity") against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a "Claim") brought by a third party against a Luxequisite Entity, and you agree to fully reimburse the Luxequisite Entities for any Claims that result from: (i) your breach of any provision of this Agreement; (ii) any Commentary that you have posted on the Service; (iii) your violation of any rights of another person or entity; or (iv) your use of the Service. This indemnity is a continuing obligation, constitutes a separate and independent obligation of the party giving the indemnity and will survive the termination or expiry of this Agreement.
  • PrivacyAll personal data that is provided by end users is subject to our privacy policy, a copy of which is located at ("Privacy Policy"). This personal data can include information regarding the name, telephone number, email address, mailing address and other relevant information that an end user submits when they open an account with Luxequisite or when they use the Site or Services ("Personal Data"). You acknowledge that you have read and agree to the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
  • Third party links and social media We may reference or provide access to third-party services, products, and promotions that utilise, integrate, or provide ancillary services to the Services ("Third-Party Services"). These Third-Party Services are provided for your convenience only and do not constitute our approval, endorsement, or recommendation of any such Third-Party Services for you. You access and use any Third-Party Service based on your own evaluation and at your own risk. You understand that your use of any Third-Party Service is not governed by this Agreement. If you decide to use a Third-Party Service, you will be responsible for reviewing, understanding and accepting the terms and conditions associated with its use. We expressly disclaim all responsibility and liability for your use of any Third-Party Service. Please also remember that when you use a Third-Party Service, our Privacy Policy is no longer in effect. Your use of a Third-Party Service, including those that have a link on our Site, is subject to that Third-Party Service’s own terms of use and privacy policies.
  • Additional Information 12.1 Additional Information
    As part of using the Services or subscribing to our membership program, you may be required by us to provide additional information (beyond the information required to register for an account with us) about yourself or such additional Personal Data as may be required by us or the Seller (collectively, "Additional Personal Data"). If you do not provide us with the requested Additional Personal Data, we may not be able to provide you with the Services.12.2 Disclosure Authorisation
    You agree that Luxequisite is permitted to share Registration Data, Additional Personal Data and information relating to your events and transactions on the Services with our payment processing partners and with your bank or other financial institution, in each case to the extent your transactions or events involve such third parties.12.3 Failure to Provide
    We reserve the right to suspend your Luxequisite account and terminate the Services in the event that we reasonably believe that your Registration Data or Additional Personal Data is inaccurate or if you fail to provide all Registration Data or Additional Personal Data within the timeframes requested.
  • Termination
    This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Luxequisite. You may terminate this Agreement by closing your account with us. If you create another account with us, or use our Services again, you are consenting to this Agreement.

 

We may terminate this Agreement at any time for any reason by providing you with notice. We may suspend your account with us and your ability to use the Services or terminate this Agreement if:
(a) we determine in our sole discretion that you pose a risk of fraud or credit risk;
(b) determine in our sole discretion that you have used the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; or
(c) any Applicable Law or governmental or regulatory authority requires us to do so.

Upon termination:
(a) all licences granted to you under this Agreement will end; and
(b) we will not be liable to you for any compensation, reimbursement or damages related to your use of the Services or any termination or suspension of the Services or the deletion of your information or account data.

Termination of this Agreement does not relieve the Seller of its obligations to provide the Products that you have already purchased prior to the date of termination. As mentioned above, the provision of Products to any end user is a matter that is solely between the Seller and the Buyer (for which we accept no liability) and is subject to the terms and conditions which the Seller has agreed with you (which we are not a party to). The termination of this Agreement would not affect your obligations under any agreement with any Seller.

  • Dispute resolutionIf a dispute arises with another end user (whether as Seller or Buyer) in relation to a Product or otherwise, you are encouraged to contact that end user directly to resolve that dispute. If the dispute is notified to Luxequisite, we will attempt in good faith to facilitate a resolution of the dispute but are under no obligation to do so. You release Luxequisite from any claims, demands or damage arising out of your dispute with any end user.If any dispute arises with Luxequisite under or in relation to this Agreement it shall first be referred to Luxequisite. If the parties are unable to resolve the dispute within 20 days of referral, then such dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the SIAC Rules for the time being in force which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one arbitrator to be jointly appointed by the parties and in the event that the parties fail to agree on the appointment, by the President of the Court of Arbitration of the SIAC. The language of the arbitration shall be English. Nothing in this clause prevents a party from seeking urgent or similar interim relief from a court of competent jurisdiction.
  • General terms 15.1 Right to amend
    We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our Site or any other website we maintain or own. We may provide you with notice of any changes through the Site, via email, or through other means. Your use of the Services after a change has taken effect constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on our Site at any time. You can find out when this Agreement was last changed by checking the “Updated” date at the bottom of the Agreement.15.2 Assignment
    You may not assign this Agreement, any rights or licences granted in this Agreement, or operation of your account with Luxequisite to others without our prior written consent. Luxequisite may assign this Agreement without your consent or any other restriction.15.3 No agency
    Except as expressly stated in this Agreement, nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us. Neither you nor we have the ability to bind the other party to any contract or obligation, and neither party will represent that you or we have such an ability.15.4 Force majeure
    Neither party will be liable for any delays in processing or other non-performance caused by telecommunications, utility, failures, or equipment failures; labour strife, riots, war, or terrorist attacks; non-performance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control.

    15.5 Entire agreement
    This Agreement and all policies and procedures that are incorporated by reference constitute the entire agreement between you and Luxequisite for provision and use of the Services. Except where expressly stated otherwise in writing executed between you and Luxequisite, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services.

    15.6 Survival provisions
    All provisions of this Agreement that give rise to a party’s on-going obligation will survive termination of this Agreement, including but not limited to clauses 4.3 (commentary), 6 (compatibility), 8 (limitation of liability), 9 (indemnity), 13 (termination), 14 (dispute resolution), 15.6 (survival), 15.7 (governing law) and 15.8 (third party rights) of this Agreement and clause 9 (indemnity) of the Consignment Terms.

    15.7 Governing law
    This Agreement shall be governed by, and construed in accordance with, the laws of Singapore. Subject to clause 14, the parties agree to submit to the non-exclusive jurisdiction of the courts of Singapore.

    15.8 Third party rights
    Save as identified in this clause 15.8, a person who is not a party to this Agreement may not enforce any of its provisions under Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore).

    It is intended that each Luxequisite Entity or the entities identified in clause 6 may enforce the benefits conferred on it under clauses 6 and 9 of this Agreement and clause 9 of the Consignment Terms in accordance with the terms of the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore). The consent of each Luxequisite Entity (other than Luxequisite) or the entities identified in clause 6 is not necessary for any variation (including any release or compromise in whole or in part of any liability) or termination of this Agreement or any one or more clauses of it.

    15.9 Notices
    If you have any questions or comments about this Agreement, the Site or the Services or wish to terminate this Agreement, please contact Luxequisite by email at info@luxequisite.com.

    You also may write to Luxequisite at:

    9 Raffles Place, Republic Plaza #606, 048619

    Luxequisite shall provide all notices to you at the email address or physical address that you have provided to Luxequisite. You are solely responsible for keeping that information current with Luxequisite.

    You hereby agree that all agreements, notices, disclosures, and other communications that Luxequisite provides electronically to you satisfy any legal requirement that such communications be in writing.

 

  1. Overview

If you are a Seller, these consignment terms and conditions (the "Consignment Terms") shall also apply to you and shall form part of the Agreement between you and Luxequisite. Capitalised terms used but not defined herein shall have the meanings given to them in the Luxequisite terms of use and sale ("Terms of Use"). Please read these Consignment Terms carefully.

You would like Luxequisite to sell the Products that you have sent to us or that we have collected from you on a consignment basis ("Consignment Services"). This means that you, not Luxequisite, will still own the Products, even after you transfer physical possession of the Products to Luxequisite. After Luxequisite receives or picks up the Product from you, Luxequisite will send you an email (in accordance with clause 15.9 of the Terms of Use) confirming that the Products have been received.

Once the items have been evaluated, inspected, authenticated, photographed and catalogued by Luxequisite and/or its appointed service providers, you will be able to log into your account on the Site to view your items that have been accepted for consignment. The accepted items will then be processed and listed as available for sale on the Site.

  1. Delivery of Products; Title to Product; Risk of loss

Luxequisite accepts the Product from you on a consignment basis only. You are responsible for all risk of loss or damage to the Product until Luxequisite takes physical possession of it.

You will continue to own and have title to each Product until that item is sold ("Sold"). An item will be considered Sold when:

  • it is sold to a Buyer and not returned to Luxequisite within 7 days from the date of receipt of the Product; or
  • it is lost, stolen, damaged, or destroyed while in Luxequisite's possession.

If a Product is Sold pursuant to clause 2(a) above, you shall pay Luxequisite a Commission (defined in clause 8(b) below) on that item.

If a Product is Sold pursuant to clause 2(b) above, Luxequisite shall reimburse you based on the damaged, stolen, or lost item’s estimated Net Selling Price (defined in clause 8(a) below), which will be determined solely by Luxequisite. This remedy shall constitute your sole remedy and entire recourse against Luxequisite for Product that is damaged, stolen, or lost and is in lieu of any other remedy otherwise provided by law.

  1. Product inspection and authentication

Upon receipt, Luxequisite will evaluate each Product to determine, in its sole discretion, its quality and fair market value. The item’s condition will affect the valuation.

If you represent a corporate entity that is a supplier of the Product, you are responsible for certifying the authenticity of the Product.

If you are an individual, Luxequisite will provide authentication services for your Product through a third party authentication service provider. You acknowledge that the only warranties in relation to such authentication services are those provided by the third party service provider, and that to the extent that any of such warranties are given to Luxequisite, it will pass on the benefit of such warranties to you.

  1. Product acceptance conditions

Luxequisite only accepts Product for consignment: (a) that Luxequisite determines in its sole discretion to be in very good to excellent condition; (b) that Luxequisite believes to be authentic; and (c) for which the representations and warranties you make in the "Your Representations, Warranties, and Indemnification" section below are true.

Products that do not meet the above requirements will not be accepted and will be returned to you at your expense (see clauses 5 and 6 below for more information).

  1. Unauthenticated, counterfeit or stolen items

If Luxequisite cannot confirm the authenticity of any Product you have provided, it shall have the right in its sole discretion to refuse to accept the item. If Luxequisite determines at any time that a Product is counterfeit, Luxequisite shall notify you that it has made such a determination and you will have an opportunity to provide proof of purchase or other proof of authenticity acceptable to Luxequisite.

You acknowledge and understand that Luxequisite is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate Applicable Law. Luxequisite takes such reports seriously and will cooperate with law enforcement in all investigations.

  1. Consignment period and return of property

The consignment period for each Product begins on the date the Product is listed on the Site and ends 6 months thereafter ("Consignment Period"). At any time during the Consignment Period, and subject to this clause, you may submit a request in writing that Luxequisite return the item ("Return Request"), so long as the item has not already been Sold. Once Luxequisite receives your Return Request, it will use commercially reasonable efforts to remove the item from the Site before it is sold. It is your responsibility to ensure that Luxequisite has your most current contact information and mailing address.

If a Return Request is made or if a Product remains unsold at the end of the Consignment Period, Luxequisite will contact you and will return the item to you within 30 days.

Where the Product is returned to you pursuant to a Return Request, Luxequisite will charge you (i) a fee of up to S$300 per item, which fees reflect Luxequisite’s up-front costs of inspecting, storing, cataloguing, photographing and otherwise preparing the item for sale, plus (ii) applicable shipping costs.

Where the Product is returned to you after remaining unsold at the end of the Consignment Period, no fees will be payable.

  1. Efforts to sell; Price

So long as you comply with this Agreement, Luxequisite will display on the Site and make commercially reasonable efforts to sell the Product. You acknowledge and agree that:

  • Luxequisite, in consultation with you and with your approval, will determine the initial selling price for each Product based on its evaluation of that item, together with its determination of the current market price for that item. If you do not agree with the initial selling price, you may withdraw the Product from sale; and

 

  • in order to market and promote the sale of each item, Luxequisite may in its sole discretion apply an immediate 3% discount to the item every 2 months from the commencement of the Consignment Period (subject to an aggregate cap of 9% discount during the Consignment Period), which will affect the item’s selling price, unless Luxequisite and you have otherwise agreed in writing to a specific price at which a specific item must be sold. Notwithstanding this clause, you may require Luxequisite to apply a further discount to your Product as may be determined by you. 
  1. Commissions and payment
  • "Net Selling Price": means the price at which Product is Sold, less applicable discounts and promotions and excluding taxes and shipping.
  • Commission rate: The commission rate payable to Luxequisite by you for each Product that is Sold (the "Commission") shall be determined in accordance with the following:

 

Net Selling Price (S$) Commission
100,000 – 200,000 10%, capped at S$15,000
40,000 – 100,000 15%, capped at S$10,000
10,000 – 40,000 20%
2,000 – 10,000 30%
200 – 2,000 40%

Luxequisite may also, from time to time in its sole discretion: (i) for promotional reasons and without notice, offer special lower Commission rates that apply only to specific item categories, are offered for a specific period of time, or that have other special conditions; or (ii) make other changes to its Commission structure and rates upon at least 14 days notice to you (provided such changes shall not be made more than once every 6 months). Any revised Commission structure and rates shall only apply in respect of Products accepted by Luxequisite after the date of implementation of such revised Commission structure and rates. If you do not agree with the revised Commission structure, you may withdraw the Product from sale.

 

  • Payment: If a Product is Sold pursuant to clause 2(a) above, you shall receive the full sum of the Net Selling Price:

 

  • less any Commission payable to Luxequisite; and

 

  • less a fee of up to S$300, which fees reflect Luxequisite’s up-front costs of inspecting, storing, cataloguing, photographing and otherwise preparing the item for sale.

 

Such payment shall be made to you at the end of the calendar month in which the Product was Sold.

 

  • Disputes: If there is a dispute between you and Luxequisite, Luxequisite shall have no obligation to pay any amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. Luxequisite may withhold any amounts due to you (including any due for Sold Products not subject to the dispute) in full or partial satisfaction of any amounts you owe to Luxequisite.

 

  1. Warranties and indemnity

In addition to clause 7.1 of the Terms of Use, you hereby represent and warrant that:

  • you have good and marketable title to each Product and have the right to consign and sell the Product;

 

  • none of the Products are subject to any liens or other encumbrances;

 

  • the Product does not include counterfeit goods; and

 

  • the Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party or under any Applicable Law.

You hereby indemnify and hold Luxequisite and each of the Luxequisite Entities harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable legal fees and costs, incurred by Luxequisite as a result of or arising in any way out of Luxequisite's display or sale of the Product, including but not limited to, civil or criminal suits over authenticity or ownership of a Product, legality of sales, or copyright or trademark infringement.

  1. Overview

If you are a Buyer, these terms and conditions (the "Buyer's Terms") shall also apply to you and shall form part of the Agreement between you and Luxequisite. Capitalised terms used but not defined herein shall have the meanings given to them in the Luxequisite terms of use and sale ("Terms of Use"). Please read these Buyer's Terms carefully.

  1. Product description and price

While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current, or free from error. All prices of Products listed for sale on the Site ("Listing Prices") are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Site and which you have ordered, clause 9 below shall apply.

  1. Third party Sellers

Luxequisite is an online marketplace platform that connects buyers and sellers of jewellery products and facilitates transactions between such buyers and sellers. Therefore, you acknowledge that the Products listed on the Site are sold by the Sellers and not Luxequisite. For the avoidance of doubt, the sale of a Product to a Buyer shall be governed by individual Customer Contracts entered into directly and only between the Seller and the Buyer.

  1. Placing an order

A Buyer may place an order for Products through the Site ("Order") by completing the Order form on the Site and clicking on the “Place my Order” button or as otherwise directed by the Seller or Luxequisite. The Buyer shall be responsible for ensuring the accuracy of the Order.

  1. Orders are irrevocable and unconditional

An Order will be deemed to be irrevocable and unconditional upon full payment being successfully made by the Buyer in accordance with clause 8 below ("Paid Order") and each Paid Order shall constitute a separate Customer Contract.

  1. Delivery of Products

The Products shall be delivered either by Luxequisite (or its agents) to the address you specify in your Order.

  • Delivery and packing charges

Delivery and packaging charges shall be as displayed on the Site and set out in the Order.

  • Tracking

You may track the status of the delivery at the Order Tracking page on your chosen shippers Site.

  • Time is not of the essence

All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed, we will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available. The time for delivery shall not be of the essence, and Luxequisite shall not be liable for any delay in delivery howsoever caused.

  1. Prices of Products

 

  • Listing Price

The price of the Products payable by the Buyer shall be the Listing Price at the time at which the Order is placed by the Buyer through the Site.

  • Taxes

All Listing Prices are subject to taxes, unless otherwise stated. Luxequisite or Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

  1. Payment Methods; Payment Process

 

  • General

You may pay for the Product using any of the payment methods prescribed by Luxequisite from time to time, which may include the use of credits. Each Order placed will only constitute a Customer Contract upon completion of actual payment. All payments shall be made in full to Luxequisite (as Seller’s agent) and no partial payment is allowed. You acknowledge that Luxequisite is entitled to collect payments from you on behalf of the Sellers.

  • Additional Terms

The payment methods may be subject to additional terms as prescribed by Luxequisite from time to time.

  • Payment Methods

You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Luxequisite for any failure, disruption or error in connection with your chosen payment method. Luxequisite reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

  • Failure to pay

If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Order until payment is made in full.

 

  1. Refund / Return Policy

A Buyer may request to return a Product purchased through the Site (excluding Products that have been stated as non-refundable on the Site) ("Eligible Products") to Luxequisite within 7 days from the date of receipt of the Product in accordance with this clause and any other requirements that Luxequisite may prescribe from time to time.

  • Products eligible for returns

All Eligible Products must:

  • be in its original purchase condition, including the original product packaging, manufacturers containers, documentation, product reports and all accessories. Packaging must be unmarked and not defaced in any manner;

 

  • where received with tags attached, be returned with the same tags still intact; and

 

  • where purchased as part of a set or multi item pack, be returned as a whole set;

 

  1. Returns procedure

 

  • To return a Product, the Buyer shall:

Ensure original packaging, Tags and Product is in tact and no damages have been made to Product and Packaging.

All returned items will be reviewed by Luxequisite and has to match the written or photographic documentation of the item’s condition when requesting for return. Returns that do not meet these requirements at Luxequisite's discretion will not be accepted and Buyer may be charged with a fee (see clause 10.2 below).

 

Luxequisite’s flexible return policy will monitor the number of returns made by Buyers and continued returns may be flagged and refused at our discretion.

  • Costs of returns

A Buyer requesting to return an Eligible Product shall be charged with a fee of up to S$300 regardless of whether such return is accepted by Luxequisite.

  • Refund for returns

For a successful return of an Eligible Product, Luxequisite shall have the discretion to offer credits or a cash refund to the Buyer. Credits earned via refunds will be valid for 30 days from the date of issue.

  1. Overview

Luxequisite operates an online marketplace platform ("Site") dedicated to connecting buyers and sellers of jewellery products (”Products") and facilitating the sale of Products between individual buyers ("Buyers") and sellers ("Sellers").

Whenever a Buyer successfully makes payment for the purchase of a Product on the Site, a contract of sale ("Contract of Sale") shall be formed between the respective Buyer and Seller which shall incorporate: (i) these terms of sale (the "Terms of Sale"); and (ii) any additional terms as stated by the Seller on the Site ("Additional Terms"). In the event of any inconsistency between these Terms of Sale and the Additional Terms, the Additional Terms shall prevail.

  1. Prices of Products

 

  • Listing Price

The price of the Products ("Listing Price") payable by the Buyer shall be the price listed for sale on the Site at the time at which the order is placed by the Buyer through the Site ("Order").

  • Taxes

All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

  1. Providing the Products

 

  • Address

The Products shall be delivered either by Luxequisite (or its agents) to the address the Buyer specifies in its Order.

  • Delivery and packing charges

Delivery and packaging charges shall be as displayed on the Site and set out in the Order.

  • Failure to take delivery

If the Buyer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate this Contract of Sale.

  • When the Buyer become responsible for the Products

The Products will be the responsibility of the Buyer from the time they are delivered to the address the Buyer specifies in the Order.

  • When the Seller own the Products

The Buyer shall own the Products once the Seller has received payment in full.

  1. Product Warranty

The warranties with respect to a Product (“Product Warranty”) sold under this Contract of Sale shall be as stated via the Site and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable laws, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable laws) all other express or implied terms, warranties or conditions with respect to the Products supplied.

  1. Buyer’s Acknowledgement

All Products are provided "as is" and "as available", without any express, implied or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of warranty or guarantee except as set out in the Product Warranty.

The Buyer acknowledges and warrants that he has not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in this Contract of Sale or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Luxequisite or Seller. The Buyer also acknowledges and agrees that the exclusion of warranties, exclusion of liability and exclusion of remedies in this Contract of Sale allocate risks between the parties and that such exclusions are reasonable.

Nothing in this Contract of Sale operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under any law where to do so would contravene that law or cause any term of this Contract of Sale to be void. To the extent that they are not permitted to be excluded, the Seller's liability shall be limited to supplying the Products again.

  1. Limitation of liability

Under no circumstances will the Seller be liable to the Buyer for exemplary, special, indirect, incidental or consequential loss or damage (including any or actual prospective lost revenue or profits) in relation to the Products or for any other damages arising out of or in connection with this Agreement, even if such damages are reasonably foreseeable.

Further any liability not disclaimed or denied by the Seller is limited to the Buyer's direct and documented damages and, both parties agree, that in no event will such liability exceed in aggregate the total price paid by the Buyer for the Products under this Contract of Sale.

These limitations of liability apply regardless of the basis of your claim, including contract, tort, negligence, strict liability or any other legal theory or basis.

  1. General terms

 

  • Right to amend

No variation of this Contract of Sale shall be valid or effective unless it is in writing, refers to this Contract of Sale and is duly signed or executed (as the case may be) by, or on behalf of, each party.

  • Assignment

Neither party may assign, transfer, mortgage, charge, sub-contract or deal in any other manner with any or all of its rights and obligations under this Contract of Sale without the prior written consent of the other party.

  • No agency

Except as expressly stated in this Contract of Sale, nothing in this Contract of Sale serves to establish a partnership, joint venture, or other agency relationship between the Buyer and the Seller. Neither party shall have the ability to bind the other party to any contract or obligation nor shall such party represent that it has such ability.

  • Force majeure

Neither party will be liable for any delays in processing or other non-performance caused by telecommunications, utility, failures, or equipment failures; labour strife, riots, war, or terrorist attacks; non-performance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control.

  • Entire agreement

This Contract of Sale constitutes the entire agreement between the Buyer and the Seller for the sale of the Products. Except where expressly stated otherwise in writing executed between the Buyer and the Seller, this Contract of Sale will prevail over any conflicting agreement for the sale of Products.

  • Survival provisions

All provisions of this Contract of Sale that give rise to a party’s on-going obligation will survive termination of this Contract of Sale, including but not limited to clauses 4 (Product Warranty), 5 (Buyer's Acknowledgement), 6 (Limitation of liability), 7.3 (No agency), 7.7 (Governing law), 7.8 (Dispute resolution)and 7.9 (Third party rights) of this Contract of Sale.

  • Governing law

This Contract of Sale shall be governed by, and construed in accordance with, the laws of Singapore. Subject to Clause 7.8, the parties agree to submit to the non-exclusive jurisdiction of the courts of Singapore

  • Dispute resolution

If any dispute arises under or in relation to this Contract of Sale it shall first be referred to the Seller. If the parties are unable to resolve the dispute within 20 days of referral, then such dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the SIAC Rules for the time being in force which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one arbitrator to be jointly appointed by the parties and in the event that the parties fail to agree on the appointment, by the President of the Court of Arbitration of the SIAC. The language of the arbitration shall be English. Nothing in this clause prevents a party from seeking urgent or similar interim relief from a court of competent jurisdiction.

  • Third party rights

A person who is not a party to this Contract of Sale may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore).

 

Updated: 16 August 2019

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