MAIA LUXURY LIMITED
(trading as ‘Bags of Luxury’)
TERMS & CONDITIONS OF SALE (‘CONDITIONS’) TO AN END PURCHASER
We source and sell second-hand authentic Hermès handbags (the “Products”). Most of our Products are unused and in pristine condition, as further detailed in our sales invoices.
We are an independent business. We do not have any partnership, agency, affiliation, association or other relationships with Hermès group or any of its associated companies or partners.
Please read these Conditions carefully before you pay for the Products. Your payment for the Product (in whole or in part) constitutes your agreement to be bound by these Conditions. These Conditions (and any other documents referred to herein including without limit the sales invoice) form a legally binding agreement between you and us at the point of such payment. Once you have paid for the Product you cannot cancel your order (see clause 9.1).
These Conditions set out important information about your and our rights and obligations as well as certain key information required by law.
For further information of your key rights as a consumer please visit the Citizens Advice website: www.citizensadvice.org.uk or call Citizens Advice on 03454 04 05 06.
1.1 These Conditions apply to all Product orders and sales and are entered into between: (A) Maia Luxury Limited (trading as ‘Bags of Luxury’), a company incorporated in England and Wales (company number 07071536) with its registered office at 4 Old Park Lane, Mayfair, London, W1K 1QW England (references to ‘us’, ‘we’ or ‘our’ in these Conditions are to Maia Luxury Limited) and (B) the individual placing an order for the Products with us (‘you’; and the term ’your’ or ‘yours’ shall be construed accordingly).
Nothing in these Conditions or any statement appearing on our website affects your statutory legal rights under applicable law in so far as such rights cannot be lawfully limited or excluded.
1.2 You can contact us by:
– emailing us at email@example.com;
– messaging us via WhatsApp Messenger or texting us at +44 7870 564937 or any other number as updated from time to time on our website; or
– sending us a letter to our postal address at 4 Old Park Lane, Mayfair, London, W1K 1QW England.
We will seek to respond to you promptly and within 24 hours from receiving your email or text messages or as soon as possible after we receive your posted letter.
2. Your privacy and personal information
3. Basis of sale
3.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. You acknowledge and agree that you have read these Conditions in full before paying for the Products.
3.2 You can contact us to discuss the key information using the contact details at the top of this document.
3.3 The key information we give you by law forms part of the contract between you and us.
3.4 Under these Conditions, we agree to sell the Products to you for your personal use only. None of the Products sold under these Conditions are supplied for resale or distribution.
3.5 No variation to these Conditions or change to any key information shall be made after a legally binding contract between you and us has been formed, unless agreed and evidenced in writing signed by you and us.
3.6 We go through a vigilant process to check and vet the Products before they are offered for sale, to ensure that they are authentic and that their descriptions are accurate. However, all statements given by us as to the authenticity, description, materials used, age, or condition of Products constitute our opinion or opinions of the producer only and are not warranted by us (save that this shall not operate so as to exclude any liability on our part for misrepresentation).
4. Ordering process
4.1 Once you and us have agreed on the Product that you wish to purchase, we will issue with an invoice specifying the details of your order, including at the minimum the Product, its condition, pricing, the applicability of any specific tax rules on second-hand goods (including margin rules) or VAT and deposit option (where applicable).
4.2 Please only pay the invoice after you have read these Conditions. Your payment of the invoice in full or in part in accordance with clauses 4.3 and 6 constitutes your acceptance of these Conditions and your contract with us is formed and becomes legally binding (‘Acceptance’). Subject to clause 4.3, we have no obligations to hold the Product for you until we have received the payment in full.
4.3 If you are offered an option to pay a deposit for the Product, you must pay the deposit amount specified in the invoice within the agreed timeframe. After receiving your deposit within such timeframe, we will hold the Product for up to 3 working days until you have paid the invoice in full, unless a longer holding period is mutually agreed in writing. The deposit is non-refundable in any circumstances. If you fail to pay the balance of the invoice (the full amount less the deposit amount) within the agreed timeframe, we may elect to terminate this contract on written notice to you. If we terminate the contract under this clause 4.3, you will lose the deposit and we shall have no further obligations to fulfil your order.
4.4 We may keep records of orders received, acknowledgements, Acceptances and other contract records for a reasonable period after Acceptance to meet our legal obligations. We may be able to provide you with copies of these on written request; however you must make sure you print a copy of all such documents and keep these Conditions for your own records.
5. Your representations
5.1 You represent that information provided by you (including your contact details) when placing your order is up-to-date, accurate and sufficient for us to complete your order. You also represent that you are over 18 years of age and have legal capacity to enter into a binding contract with us. You acknowledge and agree that you are buying the Products as a consumer, which means that you are not buying the Products for purposes related to your trade, business, craft or profession.
5.2 Unless we agree otherwise in writing, any warranties or other undertakings provided by us in relation to the Products that you purchase are given on the basis that you are acting as a consumer. The Products are offered and supplied for personal use only and are not for resale or distribution. If you intend to resell the Product, are an established reseller or distributor you should contact us separately to transact on that basis.
6. Price and terms of payment
6.1 Prices payable for Products are those stated in our invoice in accordance with clause 4.1 above unless we otherwise agree in writing.
6.2 Prices (unless mutually agreed otherwise in writing) will be charged in the currency quoted on the relevant issued invoice.
6.3 Subject to clause 6.4 below, the Products may be bought on a margin scheme for second hand goods or otherwise and thus can be exempt or subject to VAT, as the case may be. We will specify in our prices whether your order is subject to VAT or not.
6.4 Unless otherwise specified by us and subject to clause 8 below, prices quoted are:
6.4.1 inclusive of the costs of shipping or transport to the agreed place of delivery; and
6.4.2 inclusive of insurance up to the point of delivery or collection, as the case may be; and
6.4.3 exclusive of VAT in accordance with the obligations imposed on us as a result of accounting in line with the applicable margin scheme for the sale of second hand goods. If the prices are subject to VAT or equivalent local sales tax you agree to pay us such amount in addition to the prices for the Products; and
6.4.4 exclusive of local VAT, sales tax, any other tax customs clearance or duty (including but not limited to import taxes, customs tariffs, import duties) which may be applied by local legislation or regulation at the point of entry into a country. These additional costs (as applicable) must be met by you at your sole risk and expense. We are not responsible for such costs (by means of payment, discount, set-off or any other means) in any way.
6.5 Subject to our prior agreement, you must pay us the deposit (where applicable) and the invoiced sum in full by bank transfer (including international bank transfer) using the payment details in our invoices. Notwithstanding the foregoing and clause 4.3, you must pay us the full invoiced price prior to dispatch or collection of the Products, as the case may be. You agree and acknowledge that the payment may be subject to the banks’ terms and conditions which are beyond our control. If we do not receive your payment in full or in part within the agreed timeframe for any reasons, we may elect to terminate this contract on written notice to you.
6.6 We will only dispatch the Product(s) or allow the Product(s) to be collected (as the case may be) once relevant funds of the full invoiced price have cleared into our bank account. We reserve the right to verify your details and carry out such other fraud prevention or checks as may be appropriate prior to Acceptance or dispatch of your order (whichever is earlier). Without prejudice to other rights and remedies available to us under the laws or these Conditions, we may refuse to complete an order if:
we cannot receive your payment (in whole or in part);
the order cannot be completed due to a reason beyond our reasonable control, including but not limited to, the circumstances under clause 16.2; or
we have reason to believe that information or other personal details have been supplied fraudulently.
6.7 Unless we agree otherwise in writing and subject to clause 4.3, where payment is invoiced to you, each invoice shall be due and payable in full within 24 hours.
6.8 No counterclaim or set-off may be deducted by you from any payment due without our prior written consent. We reserve our right to recover the full price payable for the Products purchased by you at any time after payment has become due. Without prejudice to the foregoing, if you have paid and we have received a deposit in accordance with clause 4.3, we will deduct the deposit sum against the full invoiced price and you shall pay the balance of the invoice after such deduction within the agreed timeframe.
7.1 There is an express obligation on you, that goes to the very root of the contract between you and us, to ensure that you are able and ready to pay the invoiced price in full at the time of placing your order. If you are made bankrupt or enter into a deed of arrangement with creditors or a court order for winding-up is made against you or you take or suffer any similar action in consequence of debt or we have cause to believe that you are unable to pay your debts as they fall due; or you fail to pay any amount (including but not limited to the balance of the invoice after paying the deposit in accordance with clause 4.3) within the agreed timeframe or breach any of these Conditions then, without prejudice to any of our other rights, we may:
7.1.1 terminate this contract; and/or
7.1.2 refuse to complete your order; and/or
7.1.3 suspend further Product deliveries; and/or
7.1.4 by written notice terminate any other contracts between us and you.
8. Delivery/ Dispatch
8.1 Following our receipt of payment in full, your order will be ready for collection by you from us at our collection address or, if pre agreed, for dispatch and delivery to your address by one of our delivery partners. We use DHL, Addison Lee or any other delivery partner of our choice to deliver the Products at our cost. If we have agreed in advance that you will use your own delivery partner, you will cover the delivery and insurance costs for the delivery at your own expense and pay such costs directly to your delivery partner as appropriate. We will provide you with information on the delivery if and once the Products have been placed with our delivery partner.
8.2 You must check with us before placing an order with us that we can deliver the Products to your territory using our delivery partner as either there are some territories we do not deliver to or the local authorities may require export documentation (including CITES Certificates as defined in clause 8.3) which we are unable to provide.
8.3 Notwithstanding the above, and in accordance with clause 13 below, you acknowledge and agree that international delivery of the Products depends on where the Products are originally stored. Not all Products come with necessary certificates required by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES Certificates”), for the Products to be exported to a country where the Products are not stored. We have no responsibility to procure or provide CITES Certificates for the Products. Generally, we can only provide you with CITES Certificates if we have one in our possession which is relevant to the particular Product purchased, if it was provided by the original producer of the Product at the point of the original sale. Notwithstanding that, if mutually agreed and specified in the invoice, we will make reasonable attempt to facilitate a re-export CITES shipping certificate. That being said, despite us making an attempt to procure a CITES Certificate to a Product, we have no control over whether we can obtain such a document. Therefore, if the Product has been collected by you or delivered to your delivery address as agreed with us and you wish to re-export it to another country, we will have no responsible for such re-export (including providing you with the relevant or additional CITES Certificates).
8.4 Indicative delivery timescales/dates given by us on our website, our correspondence and order or elsewhere are estimates only. We will confirm the delivery timescales in our invoice. While we endeavour to meet such timescales/dates, if we cannot dispatch the Products within the specified delivery timescales/dates, we will contact you to inform you of the revised delivery date as soon as possible. However we shall not be liable to you for any losses you incurred in respect of any delays or other failures in delivery due to factors beyond our reasonable control (including but not limited to delays by our delivery partners which are not caused by our faults).
8.5 The delivery address as submitted by you cannot be changed once you have paid for the Product. You must check the delivery address on any order or invoice that we provide and notify us without delay of any errors or omissions. We are not liable to you for any losses you incur, and we reserve the right to charge you for any extra costs we incur, arising from you providing an incomplete or inaccurate delivery address.
8.6 If you refuse or fail to take delivery of the Products supplied under these Conditions, any risk of loss or damage to the Products shall nonetheless pass to you on delivery from us in accordance with clause 8.7 and without prejudice to any other rights or remedies we have:
8.6.1 you shall be liable to pay on demand all costs of Product storage and any additional costs we incur as a result of such unreasonable refusal or failure to take delivery;
8.6.2 we shall be entitled 30 days after the date of attempted delivery to dispose of the Products in such manner as we determine and may set off any proceeds of sale against any sums due from you, as applicable.
8.7 Save as otherwise provided in these Conditions, risk of loss of or damage to the Products passes to you on:
8.7.1 collection by you from our address; or
8.7.2 delivery of the Product at the address specified by you (if you use our delivery partner); or
8.7.3 when placed in your possession; or
8.7.4 when placed in the possession of any shipper, carrier or transporter appointed by you and who are not our delivery partner,
whichever shall occur first.
9. Cancellation, rejecting an order, damage or loss in transit
9.1 If you want to cancel your order for a Product, you must contact us as soon as possible and in any case before making any payment (in whole or in part) to us. Once you have paid for the Products (in whole or in part) you can not cancel your order, or return the Products for reasons other than the circumstances specified in clause 9.3 below. We will not refund the price paid if you cancel your order, except as otherwise permitted under this clause 9.
9.2 You are responsible for promptly checking your Product order upon delivery and verifying that the Product(s) is/are in satisfactory condition, in accordance with their description and the order is complete. You may only return purchased Products in accordance with this clause 9.
9.3 Except as set out in these Conditions and subject to any rights you have under applicable law (that cannot be excluded or limited by us) you shall not be entitled to reject the Products that we have supplied, except for:
9.3.1 damage to or loss of the Products or any part or an order in transit (where the Product is transported by us or our delivery partner) where this is notified to us promptly and in no event later than 24 hours from delivery. Any damage needs to be supported by photographic evidence;
9.3.1 the delivered Product is not the type you ordered, or in incorrect quantity, or misdescribed. You must notify us in writing as soon as possible upon such inconsistencies and in no event later than 24 hours from delivery;
9.4 Where we are notified of shortage in an order, failure to deliver, or any defect in or damage to a Product, then we will at our option:
9.4.1 (in the case of shortage or non-delivery) make good any such shortage or non-delivery, where possible; and/or
9.4.2 in the case of damage or any inconsistencies in the Product due to our fault under clause 9.3.2,
18.104.22.168 if possible, replace or arrange for the Product to be repaired upon you returning the Product in accordance with clauses 9.7 to 9.9 (inclusive); or
22.214.171.124 refund the price paid in respect of any Product(s) found to be damaged, defective or faulty. We will issue the refund to the same bank account that you used to make payment for the Products.
You are only entitled to a remedy under this clause 9.4.2 if you have fully complied with your obligations under clauses 9.7 to 9.9 (inclusive). We will replace the Product, arrange for repair or issue the refund (in whole or in part) after we have received the returned Product and inspected its condition to confirm if you are entitled to a replacement, repair or refund (in whole or in part).
9.5 Whilst we take reasonable measures to ensure that photographs on our website, digital look books, photos attached to emails or messages or other sales materials are accurate illustrations of the true colour of the Products, and that our descriptions of the Products are as accurate as possible, there may be colour or description variance depending on the device that you use to view the photos. We will not offer refunds or returns for such variance. Please check that the Products are of a satisfactory quality for their intended use.
9.6 Your rights to seek a remedy under these Conditions (including those under clause 9.4.2) may be lost or rendered void where you fail to notify us promptly within the above timeframe or where a Product is damaged or rendered defective/faulty due to:
9.6.1 normal wear and tear;
9.6.2 user negligence;
9.6.3 Products being mistreated or used other than for their intended purpose; or
9.6.4 your failure to observe care instructions, notices or warnings provided with the Products.
9.7 Products should be returned to us at your own cost, together with all original and undamaged packaging, labels, associated documentation, such as CITES or likewise, and other materials that were supplied with them.
9.8 When you arrange to return a Product to us you must take reasonable care to ensure that the Product and its packaging is not damaged while in your possession and in transit and that you use a reputable carrier. Whilst you are in possession of any Product which you want to return, you are under a duty to take reasonable care of it.
9.9 If you arrange to return a Product to us, you must take reasonable care of the Product you wish to return and either:
9.9.1 return it to us (or our nominated representative) as soon as possible; or
9.9.2 make it available to be collected (if requested by us).
9.10 We reserve the right to claim full payment or exercise any legal remedies we have where Products have been made unfit for resale or damaged whilst in your possession, in transit or where you refuse or fail to return, without damage, the relevant Products and any packaging, labels or associated documentation relevant to the particular Products or make them available for collection by us upon request.
9.11 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as “statutory rights”). You may also have other rights in law.
10. Liability limitation
10.1 We will pass on such manufacturers’ warranties with the Products that we are entitled to.
10.2 If we breach these Conditions or are negligent, we are liable to you for the foreseeable loss or damage that you suffer as a result. By “foreseeable” we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
10.3 Except for any legal responsibility that we cannot exclude in law (such as death or personal injury caused by defective products), we are not liable to you for any loss or damage that was not foreseeable or any loss or damage not caused by our breach or negligence. As any products that we supply to you are for your personal, domestic and non-business use only, we are not liable to you for any non-consumer or business losses.
10.4 Nothing in these Conditions excludes or limits our liability for:
10.4.1 death or personal injury caused by our negligence (or that of our employees or authorised representatives); or
10.4.2 for any matter which it would be illegal for us to exclude or attempt to exclude our liability; or
10.4.3 fraud or fraudulent misrepresentation.
11. Retention of title
11.1 Title to Products in any one order shall pass to you on collection by you or delivery by us to your address, as the case may be.
12. Third party rights
12.1 No one other than a party to this contract has any right to enforce any term of this contract.
13. Consents, customs duties, import & export
In addition to the terms in clause 8 above:
13.1 If any licence or consent or authorisation of any government or other authority is required for the importation, carriage or use of the Products by you, or shipment to you, you shall obtain such licence or consent or authorisation at your own risk and expense and if necessary produce the same evidence to us on demand; where licenses or consents or authorisations are required, we will not ship the Products until we have been provided with satisfactory evidence. Any additional expenses or charges incurred by us resulting from your failure to do the above shall be met by you.
13.2 Products sold to you under these Conditions may be subject to export control laws and regulations in the territory or other relevant jurisdiction where you take delivery or use them. You shall be fully responsible for complying with those laws and for the payment of any duties on the Products, as applicable.
13.3 You may be subject to customs charges, import duties and taxes, levied when the Product reaches your specified destination. Any such additional charges for customs clearance or import duties or taxes (if applicable) must be met by you. You should contact the local customs office in the relevant country of your specified destination where you wish to have the Products delivered for further information on customs policies or duties.
14.1 Any notice or other communications in relation to these Conditions should be in writing and sent by hand, pre-paid recorded post, e-mail to the latest address that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out elsewhere in these Conditions, such notices or communications (where properly addressed) shall be considered received:
14.1.1 in relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working day, the first working day after);
14.1.2 if by recorded post, as signed on the date of delivery at the relevant address;
14.1.3 if sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received warning of unsuccessful transmission.
13.2 Unless otherwise confirmed in writing pursuant to this clause 14, communications addressed to us using our contact details at the top of these Conditions shall be marked for the attention of Nicola Morris.
15. Queries about your orders
15.1 Please email, message us on WhatsApp Messenger or send us a text message as soon as possible using our contact details at the top of this document to discuss any queries you may have in respect of your order.
16.1 You cannot assign, transfer, charge or make over or purport to assign, transfer, charge or make over any of your rights under these Conditions.
16.2 We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in our performance by reason of any circumstances beyond our reasonable control including (but not limited to) any change in laws, act of god, war, riot, national emergency, civil commotion, government action, explosion, fire, flood, earthquake, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payment you have made in advance to the same bank account details that you used when you made the relevant advance payment.
16.3 You acknowledge that these Conditions and the terms of the invoices for the relevant Products supersede and cancel all previous contracts, agreements and arrangements whether oral or written, express or implied, between you and us. If there are any inconsistencies between these Conditions and the invoices, the terms of the invoices shall apply. Nothing in this clause shall limit or restrict our liability in respect of misrepresentation, breach of our statutory duties or contractual obligations under these Conditions.
16.4 No relaxation, forbearance, delay or indulgence by us in enforcing any of these Conditions shall prejudice or restrict our rights and remedies hereunder.
16.5 No waiver of any of these Conditions shall be effective unless made in writing and signed by us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach.
16.6 If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Conditions is illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
16..6.1 these Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
16.6.2 in the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.
17. Governing law and jurisdiction
17.1 The construction, interpretation, validity and performance of the contract between you and us, including these Conditions shall be governed by the laws of England and Wales. However if you are resident elsewhere in the United Kingdom you will retain the benefit of any mandatory protections given to you by the mandatory laws of the region of the United Kingdom where you live. Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that:
17.1.1 if you live in Scotland, you will be protected by applicable laws of Scotland and you can choose to bring a claim against us in the English courts or Scottish courts;
17.1.2 if you live in Northern Ireland, you will be protected by applicable laws of Northern Ireland and you can choose to bring a claim against us in respect of the products in the English courts or Northern Irish courts.
17.2 The language of any agreed amendment hereto, dispute resolution procedure or any proceedings will be English.