Terms of Service
Consignment Agreement
1. Effect of Terms
1.1 The terms of this agreement (Consignment Agreement) apply to:
(a) all contracts of consignment for high-fashion designer items (Consigned Goods) entered into with PH Luxury Leasing Pty Ltd ABN 32 659 977 072 (PH Luxury) and the individual consignor referred to in this Consignment Agreement (Consignor); and
(b) all Consigned Goods delivered to PH Luxury by the Consignor on consignment for sale by PH Luxury.
1.2 By delivering Consigned Goods to PH Luxury, the Consignor confirms having read, understood and agreed to this Consignment Agreement.
2. Appointment
2.1 The Consignor appoints PH Luxury as its agent to sell Consigned Goods on its behalf.
2.2 The Consignor authorises PH Luxury to sell Consigned Goods at prices agreed between the parties in writing.
3. Consignment Process
3.1 To consign an item, the Consignor must submit an enquiry via PH Luxury’s Instagram, phone (+61 415 545 126), or email (info@phluxuryshopper.com.au), providing details of the item and proposed retail price (Retail Price).
3.2 Upon receipt of an enquiry, PH Luxury will confirm in writing whether it accepts the item, together with the agreed Retail Price and delivery terms.
3.3 PH Luxury is under no obligation to accept a 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
4.1 Upon acceptance, the Consignor must deliver the Consigned Goods to PH Luxury at the notified address. The Consignor is responsible for all packing, insurance, and shipping costs.
4.2 Upon each delivery, the Consignor must provide a Consignment Notice detailing the items delivered. Unless disputed within seven (7) days, the notice is binding and conclusive.
5. Warranties
The Consignor warrants that:
(a) it has good title to, and is the beneficial owner of, the Consigned Goods;
(b) the Consigned Goods do not infringe third-party rights;
(c) the Consigned Goods are authentic, free from defects, of merchantable quality, and match their description; and
(d) no misrepresentations have been made regarding authenticity.
6. Authenticity
6.1 Within ten (10) business days of acceptance, PH Luxury will authenticate the Consigned Goods. The Consignor must pay the following fees:
- All brands (except Hermès): AUD $35
- Hermès handbags: AUD $200 (Bababei or Entrupy authentication)
6.2 These fees are in addition to the consignment commission.
6.3 PH Luxury authenticates all items, and each item will be accompanied by a certificate issued by Legit Grails or Entrupy. If any issues with an item arise, the client must contact PH Luxury within forty-eight (48) hours of purchase or collection. PH Luxury does not accept responsibility for any issues once an item has left the store, as we cannot control outside factors.
6.4 If the Consigned Goods are found to be unauthentic:
(a) PH Luxury may terminate the consignment and require collection of the goods;
(b) a compensation fee of AUD $300 will be payable; and
(c) PH Luxury may destroy the item at its discretion.
7. Obligations of PH Luxury
7.1 Storage – PH Luxury must store all Consigned Goods securely and in a manner that preserves merchantable quality.
7.2 Marketing – PH Luxury may photograph and use images of the Consigned Goods for advertising in-store, online, and on social media. Listings will be made within five (5) business days of acceptance.
7.3 Liability – PH Luxury accepts no liability for Consigned Goods that fail to match descriptions provided by the Consignor.
8. Consignment Period
8.1 The consignment period is six (6) weeks from delivery, unless otherwise agreed in writing.
8.2 If the Consignor collects an item during this period, they must pay half the consignment fee (Early Termination Fee). For example, if the fee is 10%, the Early Termination Fee is 5%.
8.3 If goods are returned, the Consignor is responsible for all collection and shipping costs.
8.4 The Consignor must provide credit card details for authorised charges, including the Early Termination Fee.
9. Payment and Commission
9.1 PH Luxury will pay the Consignor the Retail Price less the applicable commission within five (5) business days of sale.
9.2 Commission rates:
- $0 – $2,499: 20%
- $2,500 – $6,999: 15%
- $7,000 – $11,999: 12%
- $12,000 – $29,999: 10%
- $30,000 – $49,999: 7%
- $50,000+: 5%
9.3 PH Luxury may set off any amounts owed by the Consignor against payments due.
10. Shipping
10.1 All sold goods will be shipped within three (3) business days via DHL Express, unless otherwise agreed.
10.2 PH Luxury pays for shipping and insurance of sold goods to customers, and for returns.
10.3 Customers bear all duties and taxes for international shipping.
11. Title and Risk
11.1 The Consignor retains title until goods are sold.
11.2 Risk transfers to PH Luxury upon delivery and remains until sale.
12. Insurance
12.1 PH Luxury will insure goods at replacement value while in its possession.
12.2 PH Luxury is not liable where a customer declines insurance.
13. Indemnity
The Consignor indemnifies PH Luxury against all losses resulting from breach of this Agreement.
14. Termination
14.1 Either party may terminate with thirty (30) days’ written notice, subject to payment of the Early Termination Fee.
14.2 Upon termination, unsold goods will be returned at the Consignor’s cost.
15. Relationship of Parties
The parties agree that:
(a) no partnership, trust, or joint venture is created;
(b) neither may bind the other; and
(c) no authority is granted unless expressly stated.
16. Customer Purchases
- Purchases may be made in-store, via Instagram, or on the website.
- Shipping is available at the customer’s cost.
- PH Luxury is not responsible for damage in transit, incorrect shipping details, or loss in transit.
- In the event of a pricing error, PH Luxury may request the difference within 14 days of customer receipt, or the item may be returned for a full refund within 3 business days.
17. Membership
- Discounts do not apply to items listed for less than 48 hours.
- Only current members are eligible for discounts.
18. Fraud and Chargebacks
PH Luxury operates solely as a broker and is not liable for losses due to fraudulent transactions or chargebacks. PH Luxury will assist with documentation for disputes, but ultimate responsibility lies with the buyer and seller.
19. General
- This Agreement is governed by the laws of New South Wales.
- Invalid provisions will be severed without affecting the remainder.
- Amendments must be in writing.
- No assignment without written consent.
- This document is the entire agreement between the parties.
- Notices must be in writing and may be hand-delivered, posted, or emailed.
