Complimentary Insurance on all items

Terms of Service

Consignment Agreement 

  1. Effect of terms  

    1. The terms of this agreement (Consignment Agreement) apply to: 

      1. all contracts of consignment for high-fashion designer items (Consigned Goods) entered into with PH Luxury Consignment Pty Ltd ACN 659 978 499 (PH Luxury) and the individual consignor referred to in Consignment Agreement (Consignor); and 

      2. all Consigned Goods delivered to PH Luxury by the Consignor on consignment for sale by PH Luxury.  

    2. By receiving delivering Consigned Goods to PH Luxury, the Consignor confirms having read, understood and agreed to this Consignment Agreement.  

  2. Appointment 

    1. The Consignor appoints PH Luxury as its agent to sell Consigned Goods on its behalf.

    2. The Consignor authorises PH Luxury to affect a sale of Consigned Goods at the prices agreed between the parties in writing.

  3. Consignment 

    1. Where the Consignor is interested in consigning an item with PH Luxury, it shall place an enquiry with PH Luxury, either via PH Luxury’s Instagram, phone (+61415545126) or email (info@phluxuryshopper.com.au), with details of the item and proposed retail price (Retail Price).  

    2. Upon receipt of an enquiry, PH Luxury will confirm in writing whether it can accept the item, together with details of the agreed Retail Price and delivery terms.  PH Luxury is under no obligation to accept a contract of consignment, including where the item does not form part of PH Luxury’s list of accepted high-fashion designer brands (as amended from time to time). 

  4. Delivery of Consigned Goods 

    1. Delivery 

      1. Upon acceptance of the terms of a consignment under clause 3, the Consignor shall deliver Consigned Goods to PH Luxury at the address of PH Luxury notified to the Consignor from time to time.  The Consignor will be responsible for all costs of packing, insuring and shipping the Consigned Goods to PH Luxury.

      2. Upon each delivery of Consigned Goods to PH Luxury, the Consignor must deliver a written notice (Consignment Notice) setting out the details of the Consigned Goods delivered to PH Luxury.

      3. Unless PH Luxury disputes a Consignment Notice within 7 days of receipt, the Consignment Notice is binding on the parties and conclusive as to the details set out therein.

    2. Warranties 

Upon delivery of Consigned Goods, the Consignor warrants to PH Luxury that:

  1. it has good title to, and is the beneficial owner of, Consigned Goods;

  2. the Consigned Goods do not and will not infringe any rights of third parties; 

  3. the Consigned Goods:

    1. are authentic in quality and design;

    2. are free from defects in design, materials and workmanship;

    3. are of merchantable quality;

    4. match their description as set out in the Consignment Notice; and 

  4. the Consignor has not made any misrepresentations with respect to the authenticity of the Consigned Goods.  

  1. Authenticity 

    1. Within 10 business days of acceptance of the Consigned Goods, PH Luxury will authenticate the Consigned Goods.  Cost is to be paid by consignor, $50 for all brands but Hermes. Hermes handbags $150 AUD (bababei or Entrupy) 

    2. Where the Consignor is in breach of the warranties in clause 4.2(c) or 4.2(d), and PH Luxury discovers that the Consigned Goods are not authentic (Unauthentic Goods), PH Luxury will destroy the item.

      1. terminate the consignment, and require the Consignor to collect any Unauthentic Goods in PH Luxury’s possession; and 

      2. claim a refund for any Unauthentic Goods which have been sold by PH Luxury to customers.  

  2. Obligations of PH Luxury

    1. Receipt of Consigned Goods

Upon acceptance of the Consigned Goods, PH Luxury must store all Consigned Goods in a clean, secure environment and otherwise in a manner which is not reasonably likely to result in damage to or deterioration of Consigned Goods, or the Consigned Goods ceasing to be merchantable quality.

  1. Marketing of Consigned Goods 

    1. Consignor grants to PH Luxury the right to photograph the Consigned Goods, and to use such photographs and images for the purpose of advertising and promoting the Consigned Goods, in the store, on its website and on social media. 

    2. Within 5 Business Days of acceptance of the Consigned Goods, PH Luxury will advertise the Consigned Goods in store and upload professional photos of the Consigned Goods to PH Luxury’s website.    

    3. PH Luxury makes no representations and accepts no liability for Consigned Goods which fail to correspond with any descriptions provided by the Consignor.  

  1. Consignment Period 

    1. The consignment period for the Consigned Goods commences on delivery of the Consigned Goods to PH Luxury’s warehouse store and continues for a period of six weeks thereafter, unless otherwise agreed in writing between the parties (Consignment Period).  

    2. If, at any time during the initial six weeks of the Consignment Period, the Consignor wishes to collect an item from PH Luxury, the Consignor will be liable to pay half of PH Luxury consignment fee (Early Termination Fee). For example fee is 10%, consignor will need to pay 5%.

    3. Subject to clause 7(b), the Consignor may request the return of any Consigned Goods at any time during the Consignment Period. 

    4. If the Consignor makes a request under clause 7(c): 

      1. The Consignor will be liable for all costs of collecting, insuring and shipping the Consigned Goods from PH Luxury’s store; and 

      2. PH Luxury shall remove any listing of any returned Consigned Goods from PH Luxury’s website and other selling platforms within a reasonable period of time.  

    5. The Consignor agrees to provide the Consignor’s credit card information to PH Luxury for the sole purpose of processing the Early Termination Fee and other authorised payments in accordance with this Consignment Agreement. The Consignor authorises PH Luxury to charge the Consignor’s credit card on file for all payments and fees in accordance with this Consignment Agreement, including but not limited to the Early Termination Fee. 

  2. Payment and Commission 

    1. Within 5 Business Days following the sale of Consigned Goods to a customer, PH Luxury will pay the Consignor the net price for the Consigned Goods, equal to the Retail Price less the Commission payable to PH Luxury (calculated in accordance with the commission rates in clause 8(b).

    2. PH Luxury will receive Commission on Consigned Goods:

      1. $0-2499 20% +gst
      2. $2500 - 5999 15% +gst
      3. $6000 - 19,999 10% +gst
      4. $20,000 - 39,999 7% +gst
      5. $40,000 + 5%
    3. PH Luxury may, without limiting any other rights or remedies it may have, set off any amounts owed to it by the Consignor under this Consignment Agreement against any amounts payable by PH Luxury to the Consignor.  

  3. Shipping 

    1. Where Consigned Goods are purchased through PH Luxury’s website, the Consigned Goods will be shipped from PH Luxury’s store within 3 business days. All items will be shipped with DHL express, unless otherwise agreed.  

    2. PH Luxury will pay all costs and expenses (including the costs of packing, insuring and shipping) incurred in:

      1. sending sold items of Consigned Goods to customers;

      2. receiving sold items of Consigned Goods which are returned by customers; or

      3. returning unsold items of Consigned Goods to the Consignor.

    3. Where an item of Consigned Goods is sold to a customer, PH Luxury may invoice the customer for the costs of packing, shipping and insuring the item.  For the avoidance of doubt, the amounts paid by the customer for packing, shipping and insurance costs will not be taken into account in determining the net price payable to the Consignor.

    4. The parties acknowledge that the customer will be solely liable for the costs of duties and taxes where the Consigned Goods are to be shipped outside of Australia.

  4. Title and risk 

    1. Title to Consigned Goods

      1. The Consignor will at all times retain title to, and ownership of, items of Consigned Goods, until it passes by law or by clause 10.1(b).

      2. Title to, and ownership of, a sold items of Consigned Goods will pass to a customer upon sale to the customer.

    2. Risk in Consigned Goods

      1. Risk in all Consigned Goods passes to PH Luxury upon the delivery of the Consigned Goods to PH Luxury.

      2. PH Luxury will be responsible for any loss of or damage to Consigned Goods following delivery of the Consigned Goods until the Consigned Goods are sold and delivered to customers.

    3. Insurance 

      1. PH Luxury will, at its own cost and expense, insure the Consigned Goods in its possession for their replacement value against all reasonable risks at all times from delivery until the date on which title passes to the customer.  

      2. PH Luxury accepts no liability for Consigned Goods purchased from its website, where the customer elects to not to insure the Consigned Goods.  

  5. Indemnity 

The Consignor will indemnify PH Luxury against all loss incurred or suffered by PH Luxury arising out of, in relation to or in connection with the breach of this Consignment Agreement by the Consignor.

  1. Termination 

    1. Either party may terminate this Consignment Agreement at its absolute discretion by giving 30 days’ written notice to the other party, subject to payment of the Early Termination Fee under clause 7(b) (where applicable).

    2. Upon expiry or termination of this Consignment Agreement, PH Luxury must return all unsold Consigned Goods in its possession to the Consignor at the Consignor’s sole cost and expense. 

  2. Relationship 

The parties agree that:

  1. nothing in this Consignment Agreement creates or will be deemed to create a relationship of partnership, trust, agency or joint venture between the Consignor and PH Luxury;

  2. neither party has any power to incur obligations on behalf of, or pledge the credit of, another party in any manner; and

  3. unless expressly stated otherwise, a party has no authority to act for, or to create or assume any responsibility or obligation for, another party.

6. Customer Purchases

  1. Purchases can be made via Instagram, website or via our store (2/1 Transvaal Avenue, Double bay NSW 2030.
  2. Shipping is available at an additional cost to the customer.
  3. All items shipped via DHL express.
  4. PH Luxury does not take responsibility for the packaging being damaged during transit.
  5. PH Luxury does not take responsibility if the client puts the incorrect shipping details .
  6. PH Luxury does not take responsibility for any items being lost in transit. 
  7. On the rare occasion pricing error may occur in store/online/or in verbal communication between the two parties. In this instance PH luxury has the right to request for the difference to be paid. This can be by straight payment / payment plan of various option but only up to 6 months maximum. Alternate option is the item can be returned to PH luxury consignment and funds returned back to the customer. Funds to be returned within 3 business days. PH luxury has up to 14 days after purchases received by the customer to request for extra payment in that case of a pricing error.
  1. General

    1. New South Wales Law governs the terms of this Consignment Agreement. Each party irrevocably submits to the non-exclusive jurisdiction of the New South Wales courts and courts competent to hear appeals from those courts. 

    2. If any provision of these terms is illegal or unenforceable it may be severed and the remaining provisions continue in force. 

    3. This Consignment Agreement may only be amended by written agreement between all parties.

    4. A party may only assign this Consignment Agreement or a right under this Consignment Agreement with the written consent of the other party.

    5. This Consignment Agreement supersedes all previous agreements about its subject matter.  This Consignment Agreement embodies the entire agreement between the parties.

    6. Each party must do all things reasonably necessary to give effect to this Consignment Agreement and the transactions contemplated by it.

    7. Each party bears its own costs in relation to the preparation and signing of this Consignment Agreement.

    8. All references in this Consignment Agreement to AUD or $ is to Australian dollars, unless otherwise stated.

    9. A notice, consent or communication under this Consignment Agreement must be in writing, signed by or on behalf of the person giving it, addressed to the person to whom it is to be given and delivered by hand, sent by prepaid mail or sent by email to that person's address as the person notifies the sender.

    10. A notice, consent or communication is given and received:

      1. if it is hand delivered, on the day it is given;

      2. if it is sent by post, three Business Days after posting (if within Australia) or seven Business Days after posting (if outside Australia); and

      3. if it is sent by email, that day, if the time of departure from the sender's mail server is before 5.00pm on a business day, or the next Business Day in any other case, unless the sender receives an automated message generated by the recipient's mail server (other than an 'out of office' message or other response generated by or at the instigation of the recipient) that the email has not been delivered within two hours.