Consignor’s Terms & Conditions
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Consignor’s Terms & Conditions

Introduction

  1. These Consignor’s Terms and Conditions (“Terms”) are the terms and conditions that apply to the relationship between Consignors or potential Consignors of garments and other goods through the Website and Guiltless. They should be read in conjunction with our Website Terms of Use and our Privacy Policy, which also apply to the relationship between you and Guiltless. By sending items to Guiltless and requesting us to sell them on the Website you are deemed to have accepted these Terms to the exclusion of any other terms and conditions. We may amend these Terms at any time without prior notice. Amendments will be posted on the Website. Your continued use of the Website or our mobile applications or the use of the services we offer after any such amendment constitutes acceptance of the amended Terms. You should visit this page frequently to review the current Terms. If you do not agree to these Terms or any revised version of these Terms, please do not use the Website or our mobile applications or the services we offer.

Definitions

  1. In these Terms the following definitions shall apply:

    “Agreement” means any contract entered into between a Consignor and Guiltless;

    Buyer” means the buyer of an Item, which is sold through the Website;

    “Consignment Form” means the form submitted by a Consignor wishing to sell an Item, which contains a description of such Item;

    “Consignor”, “you” or “yourself” means the person named in the registration page as the owner of an Item on whose behalf we are selling (and “your” shall be construed accordingly);

    “Guiltless”, "us", "we" and "our" means Guiltless International Limited, a limited company registered in Hong Kong whose place of business is at 3/F, Kerry Centre, 683 King’s Road, Quarry Bay, Hong Kong;

    “Item” or “Product” means any garment or other item sent by you to us with a view to it being sold via the Website;

    “Selling Price” means the price at which an Item is marketed on the Website;

    “Start Date” means the date on which an Item is first marketed on the Website;

    “Target Price Range” means the provisional price range at which an Item is proposed to be marketed on the Website;

    “Terms” means these Consignor's Terms and Conditions; and

    "Website" means our website www.guiltless.com and any replacement or associated website(s) and mobile site(s), if applicable.

Offering Items for sale – Before Consignment

  1. Fill out the online Consignment Form, including the Target Price Range and condition description as well as simple shots of all of the Items that you would like to consign with Guiltless. Simple shots must include one clear frontal picture of the Item. If certificates of authenticity, receipts or packaging such as shoe bags or boxes exist, please also mention them in the Consignment Form.

  2. After initial review of the Consignment Form submitted, Guiltless will email you within 2 working days a Commercial Invoice listing the Items that we will provisionally be willing to accept for consignment. We may, at our absolute discretion, refuse to accept any Item for sale.

  3. In submitting a Consignment Form you are requesting us to sell the relevant Item on your behalf.

  4. In marketing, and/or selling any Item through the Website we are acting solely in our capacity as your agent.

  5. Unless you informed us otherwise in the Consignment Form, we shall assume that the Item is exactly as described in the Consignment Form. We reserve the right to set a Selling Price, determined with reference to all relevant factors including, without limitation, the original retail price of the Item, the age, style and condition of the Item and other relevant market factors, and will endeavor to our best efforts to set one within your proposed Target Price Range, If it is not, we will contact you for re-negotiation. 

  6. Prices shown on the Website in Hong Kong Dollars (HK$) are for reference only. Payment transactions in relation to www.guiltless.com will be processed in United States Dollars (US$) only. You will bear any handling fee or charges levied for the inward remittance as specified by you in the Consignment Form and you should check with your bank and/or credit card company such fees/charges.

Collection / Delivery of Items

  1. Subject to us provisionally accepting an Item for sale, our specified courier service DHL, will contact you via email to arrange for collection of the Item. This cost will be covered by us.

    Collection can be arranged from most countries. Please clearly state your address and country in the Consignment Form and we will inform you in the event that collection is not available. 

  2. It is your responsibility to ensure that the Item is carefully and securely packaged so that it reaches us in good condition, and you shall ensure that the Guiltless security tag is attached to the Item and you have countersigned on such tag.  Any reference number provided by us in relation to the Item must be clearly marked on the outside of the parcel. Any Item received by Guiltless without the Guiltless authenticity tag or your signature may call into question as to whether the Item received by Guiltless is the same as the one you sent. Guiltless will not be responsible for any loss or damage if any Item is received by Guiltless without such tag or your signature.  

  3. It is your responsibility to ensure that the Item is available for collection at the time and on the date agreed. If our courier is unable to collect an Item because there is no one available at the agreed collection address, or you have provided an incorrect or incomplete collection address, we reserve the right to make a nominal handling fee of US$20 or more for any repeat collection trip.

  4. An Agreement between you and Guiltless to sell an Item on your behalf as your agent comes into existence at the moment an Item is received by our courier accepting the collection of your Items, such Agreement being governed by these Terms to the exclusion of all other terms, conditions and representations whether written or oral.

  5. Risk in Item(s) passes to Guiltless upon receipt by our courier accepting the collection of your Items unless we notify you prior to the collection.

  6. By making your Items available for collection by our courier you are confirming that:

    1. either (i) you are the rightful owner of the Item in question and you have full authority to sell the Item without anyone else’s permission (or that you have obtained any necessary permission); or (ii) where you are selling Items on behalf of someone else, you have the owner’s permission to sell the Item in your own name as though the Item were your own;

    2. the Item may be lawfully sold to consumers;

    3. the Item is not stolen or counterfeit;

    4. the Item conforms accurately to the description in the Consignment Form; and

    5. unless you have accurately informed us of any damage or wear to the Item and we have agreed to accept the Item subject to such damage or wear, the Item is in pristine condition.

Acceptance / Rejection of Items

  1. Within 2 working days of your Items arriving at the Guiltless office in Hong Kong, we will examine them and upon successful screening, we will email you a confirmation of the Items we will accept for consignment. So long as our Selling Price is within your Target Price Range, Guiltless will list it on our Website without further notice to you. 

  2. For items requiring us to restore to a sellable condition, if after the completion of the restoration process in accordance with clause [17], we consider that the Target Price Range needs to be adjusted, we shall contact you via email within 10 working days notifying you of a revised Target Price Range and the proposed Selling Price. Any objection to the revised Target Price Range or the proposed Selling Price received by email within 72 hours of when our email was sent, will result in re-negotiation and if Guiltless and the Consignor cannot agree the Target Price Range or the proposed Selling Price, we aim to return the Item to you within 28 calendar days of our receipt of the Item at your one-way shipping expense and your risk. If we do not receive any objections from you to the revised Target Price Range within the 72-hour period referred to above you shall be deemed to agree that we may market the Item at the proposed Selling Price.

  3. If defects for any Item as clearly stated in the Consignment Form require our assistance to restore to a saleable condition, the Consignor in submitting the Consignment Form, gives his/her consent to any restoration service which we, in our absolute discretion, consider appropriate (including dry-cleaning or repair or Advanced Treatment) and accepts that all restoration services shall be undertaken at the Consignor’s risk. If dry-cleaning or basic repair services are not sufficient to restore an Item to a saleable condition, we will send that Item for treatment as advised by the service providers (“Advanced Treatment”). Charges for Advanced Treatment will be the higher of US$20 and 10% of the final Selling Price of the Item and will be deducted from proceeds of sale for that Item. Consignors will be notified in advance of the Advanced Treatments, or pay for one-way shipping and have the Items returned without additional cost. If the Advanced Treatment is unsuccessful in restoring the Item to a saleable condition, such a condition to be at the sole discretion of Guiltless, the Item will be returned to the Consignor at Consignor's risk and shipping expenses but no additional cost.

  4. Guiltless makes every effort to use reputable service providers but will not be held liable for any Item which suffers color loss/ shrinkage/ damage, during the cleaning, repair or Advanced Treatment process. 

  5. We shall be entitled, at our absolute discretion, to reject any Item received by us for any reason (including misrepresentation of the Item’s condition) even if the Item listed in the Consignment Form was provisionally accepted by us. We shall email you within 10 working days of your Items arriving at the Guiltless office in Hong Kong to enquire whether:

    1. you wish to provide more details on the Items listed in the Consignment Form and (re-)negotiate the Target Price Range

    2. you wish us to return the Item to you (which shall be at your risk and expense including paying the return or two-way shipping fees depending on the situation plus a nominal handling fee of US$20); or

    3. you wish us to donate the Item to charity (the identity of the charity being our choice).

    No response received from the Consignor within 72 hours of our email will render said Item “Unclaimed.” Guiltless will have full authority over Items that are “Unclaimed” to either donate it to charity or set whatever pricing we see fit and re-list the Item on our Website. In the event that an “Unclaimed” Item sells, the transacted amount less commission will be credited to the Consignor.

  6. Guiltless maintains a strict zero tolerance policy on all counterfeit items. All Items that pass through Guiltless undergo stringent authenticity checks. In the event that a consigned Item is found to be counterfeit, it will be handed over to law enforcement for documentation and, if permitted by law, subsequently returned to you by Guiltless after you have made payment for its two-way shipping fees. The item may be used against you in legal proceedings. You will be notified of further actions by the relevant law enforcement agencies. Please be aware that Guiltless fully cooperates with authorities and related luxury brands to track down the source of counterfeit goods and will reveal any and all contact information of Consignors submitting such products. Please refer to our Authenticity Promise for more information.

Marketing Items on the Website

  1. If we do not reject or return any Item pursuant to clause [16 or 17], we shall have the sole and exclusive right to act as your agent to sell the Item on these Terms and you shall not, during the term of the Agreement, try to sell the Item yourself or appoint any other person or company to sell the Item for you.

  2. Items will be marketed on the Website by means of a written description provided by us (and additionally, at your option, a written description provided by you), which shall include the Selling Price, and at least three photographs. We may amend your or our written description at any time until the Item is sold.

  3. Copyright in our written description of the Item and the photograph(s) of it, and in any other marketing/promotional material we produce in relation to the Item shall belong to us. You shall not reproduce, nor permit anyone else to reproduce, such written description, photograph(s) or marketing/promotional material without our prior written consent.

  4. We shall market the Item subject to our standard Buyer’s Terms and Conditions as published on the Website as amended from time to time.

  5. Subject to clause [27], we shall market the Item at the starting Selling Price (or any revised Selling Price) during the first 3 months from the Start Date.

  6. The Selling Price is an estimate only of the price we think the Item might reasonably fetch having examined the Item, bearing in mind its condition amongst other factors. We do not make any representation or give any assurance that the Item will be sold at the Selling Price or at all.

  7. Items will be listed at the starting Selling Price for an initial period of 3 months. If an Item remains unsold after 3 months, Guiltless will without further notice to you re-list the Item for another 2 months at a 15% discount to the starting Selling Price, unless otherwise instructed in writing. If the Item remains unsold after such 2-month period, Guiltless will again without further notice reduce the starting Selling Price by 30% and re-list the item for 2 months. Thereafter, Guiltless will reduce the starting Selling Price by 50% and re-list the item for another 2 months. Lastly, Guiltless will reduce the starting Selling Price by 70% and re-list the Item for another 2 months. If the Item remains unsold at a 70% discount to the starting Selling Price after such 2-month period (being a total of 11 months since its first listing), Guiltless will contact the Consignor to adjust the Selling Price until the Item sells or make further arrangements. An Item will be deemed “Unclaimed” if after reasonable efforts on our part (in this case not more than 2 emails within a 1 month period to the address and/or phone number held on your customer account), no response is received from the Consignor. Guiltless will have full authority over Items that are “Unclaimed” to either donate it to charity or set whatever pricing we see fit and re-list the Item on our Website. In the event that an “Unclaimed” Item sells, the transacted amount less commission will be credited to the Consignor. If the Consignor contacts Guiltless prior to the “Unclaimed” Item being sold, a new Selling Price can be re-negotiated.

    Should an Item remain unsold after 11 months of the Start Date, Guiltless may, at its discretion, de-list the Item and return it to the Consignor at the Consignor’s expense and risk. If after reasonable efforts on our part (in this case not more than 2 emails within a 1 month period to the address and/or phone number held on your customer account) a return address and one-way shipping fee is not provided, then the Item will be rendered “Unclaimed” and we may either donate it to charity or set whatever pricing we see fit and re-list the Item on our Website. In the event that an “Unclaimed” Item sells, the transacted amount less commission will be credited to the Consignor. If the Consignor contacts Guiltless prior to the “Unclaimed” Item being sold, the Item is still eligible for return to the Consignor.

  8. We reserve the right to cease marketing an unsold Item at any time, in which case we shall email you to enquire whether either:

    1. you wish us to return the Item to you (which shall be at your risk and expense including paying the return or two-way shipping fees depending on the situation as well as handling fees of US$20); or

    2. you wish us to donate the Item to charity (the identity of the charity being our choice).

  9. You may make a request to us by email to cease marketing an Item at any time before we have accepted an offer from a Buyer to purchase it, and return it to you. However, if you request us to cease marketing of an Item that is listed (and before we have accepted an offer from a Buyer to purchase it), we will charge you:

    1. a one-way return shipping fee, if your request is received after 11 months after the Start Date;

    2. a one-way return shipping fee plus US$20 handling fee, if your request is received during the 9th and 10th month after the Start Date; or

    3. two-way shipping fees plus a handling fee being the higher of US$20 and 70% of our total commission based on the Selling Price at the time of your request, if your request is received prior to the 9th month of the Start

    Delivery of the Item back to you is at your risk, and the above amounts must be paid for in advance of our dispatch for shipping. We shall cease marketing the Item, and it shall be withdrawn from the Website following receipt of your request. You acknowledge and agree that you shall not be able to request the return of any Item or revoke our authority to sell such Items once we have accepted an offer from a Buyer to buy it.

  10. If you fail to pay when requested the costs of shipping any Item back to you under clauses [16, 17, 27 or 28], we may donate the Item to a charity of our choice without further notice to you.

Sale of Items

  1. Once a Buyer has paid the Price for the Item and all other sums due to us under the Buyer’s Terms and Conditions, we shall release the Item to the Buyer without prior notice to you.

  2. Where an Item is returned by a Buyer to us pursuant to any returns policy as we may operate for Buyers from time to time, we shall remarket the Item for sale on the Website.

  3. We shall remarket the Item at the Selling Price at which it was last marketed on the Website and continue the listing period in accordance with Clause [27].

  4. When we sell an Item we shall notify you by email within 21 working days after the order for the Item is placed; and such Item is no longer available for return by the Buyer. 

  5. We shall be entitled to retain a percentage of the proceeds of sale of the Item (exclusive of any taxes, custom duties and other charges) by way of commission. Commissions per Item are calculated as the higher of (i) US$40-95 depending on location and (ii) the applicable percentage commission rate of the final sale price of an Item. Our standard commission rate is 30-55% of the Selling Price depending on location (exclusive of any taxes, custom duties and other charges) although certain promotional rates may apply from time to time. The commission fee due will be deducted from proceeds transferred to a Consignor after an Items sells. Please refer to our Consignment Guidelines for the current fees. 

  6. Unless otherwise agreed in writing, we shall pay the balance of proceeds of sale due to you less commission and any taxes, custom duties and other charges provided for in these Terms incurred by us by cashier’s or local check, Paypal or bank transfer, as you shall specify in the Consignment Form, on the 14th or 28th of every month. Paypal and bank transfers may take more than 2 weeks to complete, depending on Paypal and your bank’s processing time. 

  7. You may also choose to receive the proceeds of sale due to you via Guiltless store credit, with an extra bonus of 3% more than the sum due. Guiltless credit does not have an expiration date.

Limitation of liability

  1. We shall not be liable:

    1. for any inaccuracy, error, mis-description or omission in any description of an Item marketed on the Website or otherwise;

    2. in relation to the setting of the Price of any Item;

    3. for any failure to achieve a sale of any Item; or

    4. for any loss or damage arising from any interruption to the operation of the Website for any reason, in each case whether arising from our negligence or otherwise.

  2. To the fullest extent permitted by applicable law, we shall not be liable to you under these Terms for any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue or for any indirect consequential or economic loss or damage whatsoever howsoever arising out of or in connection with these Terms or the performance of the Agreement or any breach of the Terms or Agreement by us.

  3. Our aggregate liability to the Consignor for each Item under these Terms shall be limited to a sum equivalent to the lower of:

    1. the Selling Price (less commission, taxes, custom duties and other charges provided for in these Terms) at which the Item was marketed on the Website immediately prior to the act or omission by us giving rise to a claim by you; and

    2. the lowest number in the Target Price Range (and if revised on one or more occasions, the lowest number in the proposed Target Price Ranges), if the Item was never marketed on the Website.

  4. We shall not be liable to you for any loss or damage arising as a result of our being prevented from performing our obligations under these Terms by reason of circumstances beyond our reasonable control. The timeframe to perform our obligations in these Terms are estimates only. If you have any enquiries, please contact us by email at info@guiltless.com.

General

  1. You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.

  2. No person other than Guiltless or a Consignor shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated. The Contracts (Rights of Third Parties) Ordinance does not apply.

  3. Reference to “working day” in these Terms means a day on which Guiltless office is open being, Monday to Friday (excluding public holidays in Hong Kong).

  4. These Terms shall be governed by interpreted in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong”). You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

  5. These Terms are written in the English language and may be translated into Chinese. In the event of any inconsistency between the English version and the Chinese version, the English version shall prevail.