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BUYERS’ TERMS AND CONDITIONS

 

I. INTRODUCTION

These Terms and Conditions are the terms and conditions which apply to the relationship between Buyer (as defined below) through the website www.preloulou.com (“Website”) and PreLouLou (as defined below) (hereinafter referred to as the “Term(s)”). The purpose of the Terms is to define the terms and conditions on the basis of which that is to govern the sale of the Sale Item(s) by PreLouLou. The Terms should be read in conjunction with PreLouLou’s Website Terms of Use and PreLouLou’s Privacy Policy which also apply to the relationship between the Buyer and PreLouLou. By offering to buy and buying Sale Item(s) through PreLouLou the Buyer is indicating the Buyer’s acceptance to be bound by the Terms to the exclusion of any other terms and conditions. The Terms may be modified from time to time by updating this page. The Buyer should visit this page frequently to review the current Terms.

 

II. DEFINITIONS

Wherever used the terms below in the Terms, unless there is anything repugnant to the subject or context thereof, the expressions listed below shall have the following meaning:

"Agreement(s)" means any contract entered into between the Buyer and PreLouLou all Schedules thereunder, and/or all amendment(s)/ addendum(s) to such contract including such other document(s), which are made a part to such contract by reference including but not limited to specific agreement between Parties on invoice as and when required by PreLouLou with prior intimation to the Buyer;

"Buyer" means the buyer of a Sale Item(s) which is sold through the Website;

"PreLouLou", means PreLouLou, a partnership registered in Singapore whose UEN is 53432269K;  

"Sale Item(s)" means any garments, accessories, shoes, bags and/or such other item being sold via the Website;

"Marketing Price" means the price at which the Sale Item(s) is marketed on the Website (i.e. a price determined solely at PreLouLou’s discretion); and

"Seller(s)" means the third party person(s) named who is the owner of the Sale Item(s) and who has exclusively consigned the Sale Item(s) to PreLouLou to sell the Sale Item(s) on the behalf of such seller.

 

ARTICLE 1: DISPLAY OF SALE ITEMS ON THE WEBSITE

1.1 All Sale Item(s) offered for sale on the Website are used, “pre-owned" or brand new items with original tags which PreLouLou is selling as agents on behalf of private third party Sellers. By agreeing to these Terms, the Buyer acknowledges that in offering to purchase and/or purchasing any Sale Item, PreLouLou acts as the agent for a Seller (PreLouLou’s principal). 

1.2 PreLouLou tries to be as accurate as reasonably possible in its description and display of every Sale Item available for purchase through the Website. However, the Sale Item(s) may vary slightly from their pictures. The images of the Sale Item(s) on the Website are for illustrative purposes only. Colours may appear slightly different in reality due to lighting conditions, or variances in computer screen calibration. PreLouLou does however strive to ensure that screen colours are true to life, as much as possible. PreLouLou does not warrant that the description of each Sale Item or other content on the Website are accurate, complete, reliable, current, or error-free.

1.3 Sale Item(s) sold through the Website are sold "as is" and accordingly we encourage the Buyers to carefully review all photographs and the description of the condition of any Sale Item(s) which the Buyers are considering purchasing from the Website. PreLouLou also encourages Buyers to contact PreLouLou if Buyers have any queries about the Sale Item(s) before making an offer to purchase the Sale Item(s). Buyers may contact PreLouLou by electronic mail at hello@preloulou.com. 

1.4 The Marketing Price is designed to reflect the fact that the Sale Item(s) are pre-owned or past season, taking into account the condition of the Sale Item(s) and a number of other factors including, without limitation, the original retail price of the Sale Item(s), the age and style of the Sale Item(s) and other relevant market factors.

1.5 The display of Sale Item(s) and prices on the Website does not constitute an offer on PreLouLou’s part and is only an invitation to treat. There shall be no Agreement that shall come into existence unless and until PreLouLou accepts the Buyer’s order for a Sale Item(s). The Buyer agrees that PreLouLou may, for reasons that PreLouLou deems fit, reject the offer of the Buyer to purchase the Sale Item(s).

 

ARTICLE 2: ORDERING SALE ITEMS 

2.1 Once the Buyer has placed the order on the Website with PreLouLou, PreLouLou will send the Buyer an acknowledgement by way of an email. The Buyer shall be responsible for ensuring the accuracy of the order placed. The Buyer agrees that this email is merely a confirmation that PreLouLou has received the offer for placing the order by the Buyer and does not in any manner constitute or deem to constitute an acceptance for the order.

2.2 Acceptance of the aforementioned order shall be deemed to have occurred when PreLouLou emails to the Buyer, the confirmation that the Sale Item(s) have been dispatched to the Buyer, at which point an Agreement will come into existence between the Parties. The Agreement shall be governed by these Terms to the exclusion of all other terms, conditions and representations whether written or oral.

2.3 The Buyer agrees and acknowledges that PreLouLou shall have the right in PreLouLou's sole and absolute discretion to reject any order that is placed with PreLouLou and/or to withdraw any Sale Item(s) displayed on the Website at any time before the Buyer’s order is accepted in the aforementioned manner and that PreLouLou shall not be liable to pay to the Buyer any payment and/or compensation for such an order other than the amount, if any, which has been paid by the Buyer for placing the order with PreLouLou.

2.4 If the Buyer enters into the Agreement with PreLouLou on behalf of a business and/or any other person (natural person and/or a legal person or entity), the Buyer has the authority to legally bind such business and/or any other person (natural person and/or a legal person or entity) to the Agreement. If however, the Buyer is unable to bind such business and/or any other person (natural person and/or a legal person or entity) then this Terms would apply to the Buyer as if it was the Buyer who has made the Agreement.

 

ARTICLE 3: PRICES, PAYMENT & DELIVERY

3.1 The price payable by the Buyer for the Sale Item(s) purchased shall be at the Marketing Price as stated on the Website at the time the Buyer’s order is transmitted to PreLouLou through the Website, and any applicable taxes. All the prices of the Sale Item(s) are exclusive of postage and payments fee which shall be charged at rates to be displayed on the Website at the point when the Buyer is making the purchase online. PreLouLou shall have the right to amend the price of any Sale Item at any time without giving any reason or prior notice. 

3.2 All delivery times referred to above are estimates only, and PreLouLou does not accept any liability for failure to deliver the Sale Item(s) within the stated delivery period.

3.3 PreLouLou accepts the payment in Singapore Dollars only by credit, debit card, or PayNow. However, PreLouLou may accept other forms of payment from time to time, which will be clearly indicated on the Website.

3.4 If the Buyer is paying by credit or debit card, in making payment the Buyer confirms that the credit/debit card that is being used is the Buyer’s or that the Buyer has specific authority to use it to carry out the purchase with PreLouLou. If the Buyer is paying by PayNow, the Buyer confirms that the PayNow account belongs to the Buyer and/or that the Buyer has the authority to make such payment.

3.5 Payment will be debited from the account of Buyer (from which the payment is being made) on the day on which the Buyer has placed the order with PreLouLou.

3.6 The Buyers who are holders of credit or debit cards and/or the holders of the cards who have authorised the use of the cards by the Buyers may be subject to validation checks and authorisation by the respective issuer of their card. PreLouLou accepts no responsibility for the Buyer’s card issuer, should the Buyer’s card issuer refuse payment authorisation and PreLouLou shall not be liable for any resulting delay or non-delivery.

3.7 Once the Buyer has confirmed the receipt of delivery of the Sale Item(s) by means of a signature (whether electronic or otherwise), the responsibility of Buyer’s Sale Item(s) shall then vest in the Buyer and PreLouLou shall no longer be held responsible for any damage and/or loss caused to the Sale Item(s). If someone else signs for delivery of the Sale Item(s) on behalf of the Buyer (whether or not they have authority to do so), the Buyer shall be deemed to have receipt of delivery. 

3.8 Where the Buyer’s order has been accepted, PreLouLou aims to dispatch the Sale Item(s) within five (5) working days i.e. day(s) other than Saturday and Sunday (“Working Days”) of receiving the Buyer’s order. The office hours of PreLouLou for shipping are 9.00am – 6.00pm (Singapore time). If delivery is delayed, PreLouLou will inform the Buyer accordingly. The time for delivery shall not be of the essence, and neither PreLouLou nor PreLouLou’s agents shall be liable for any delay in delivery howsoever caused.

3.9 When shipped outside of Singapore, any Sale Item(s) purchased from PreLouLou may be subject to import duties and taxes. The Buyer shall be responsible for payment of any such import duties and taxes. PreLouLou has no control over these charges and encourages the Buyer to contact the local custom office of the Buyer for further information before placing the order.

3.10 The Buyer must be informed and shall comply with all applicable laws and regulations of the country for which the Sale Item(s) are destined. PreLouLou shall not be liable for any breach by the Buyer of any such laws.

3.11 PreLouLou shall be in touch via email in the event of a bounced parcel. However please note that, without prejudice to any other right or remedy available to us, PreLouLou may charge the Buyer for storage costs and any further delivery costs, or terminate the Buyer’s order if the Buyer repeatedly fails to take delivery of the Sale Item(s). Bounced parcels that are unclaimed after half a year will be deemed as PreLouLou’s property and no compensation will be offered as sufficient response time has been given.

 

ARTICLE 4: CUSTOMS AND DUTIES

Orders shipped outside of Singapore may be subject to import taxes, customs duties and other fees levied by the destination country. All orders are delivered duties unpaid, and all import taxes, duties and customs fees, as well as compliance with the laws and regulations of the destination country, are the responsibility of the Buyer. Payment is usually collected at time of delivery. PreLouLou may provide the international shipper with the Sale Item’s details, including cost, as well as Buyer’s name and address or other contact details, so that the information can be provided to destination customs or postal authorities, to the extent required under the laws and regulations of the destination country.

 

ARTICLE 5: CANCELLATIONS

PreLouLou does not accept cancelled orders for any reason at any time. 

 

ARTICLE 6: RETURNS AND REFUNDS

6.1 If the Buyer wishes to return any of the Sale Item(s) (“Return Item(s)”) after receiving them, the Buyer must contact PreLouLou by completing the ‘Returns Form’ on the PreLouLou website. PreLouLou will in response to the intimation of Return Item(s) issue the Buyer with a returns number (“Returns Number”). 

6.2 The Buyer is deemed to agree to exclusions for any returns is to be accepted. Exclusions mean the following categories which are not returnable: Marked down items, intimates, swimwear, accessories, lifestyle and gifts, or any other category of item which PreLouLou may determine at its discretion. Sale of these product categories are final and cannot be returned, exchanged or refunded.

6.3 For Buyer(s) in Singapore & outside Singapore, the Buyer will be required to return the Sale Item(s) to PreLouLou within seven (7) working days (for local buyers) or fourteen (14) working days (for international buyers) of receipt of the Sale Item(s). The Returns Number must be clearly marked on the outside of the parcel carrying the Return Item(s). Returning the Return Item(s) to PreLouLou is at the expense of the Buyer and PreLouLou will not be liable to compensate the Buyer for the same and PreLouLou recommends that the Buyer sends it by recorded or special delivery. PreLouLou cannot take responsibility for Return Item(s) lost without proof of postage and the parcel will be at the responsibility of the Buyer until it reaches PreLouLou. Any Return Item(s) lost and/or damaged on the way to delivery to PreLouLou will be the liability of the Buyer and the Buyer will not be returned the price amount of the Return Item(s) if any such damage and/or loss occurs and the Return Item(s) would be treated as a usual Sale Item(s) and as if it had not been returned at all.

6.4 The Return Item(s) must be returned to PreLouLou in the same condition as that in which the Buyer received it, with all PreLouLou tags and original care labels still attached. PreLouLou accepts no responsibility for Return Item(s) which are lost, delayed or damaged in transit, so therefore PreLouLou recommends that the Buyer package the Return Item(s) carefully and insure it during transit to ensure that it reaches PreLouLou in good condition.

6.5 Returns outside of the timeframes described above may be accepted at the sole discretion of PreLouLou.

6.6 These above policies only apply to purchases done online on the Website. PreLouLou shall not accept returns of products purchased during a physical transaction (physical events or styling sessions).

6.7 PreLouLou shall provide the Buyer with a full refund within thirty (30) days of intimation of the Returned Item(s). Payments through PayNow or Credit Card will be refunded through the same payment channel, and not refunded in Cash.

 

ARTICLE 7: WARRANTIES AND LIMITATION OF LIABILITY

7.1 The Website, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.


Without limiting the generality of the foregoing, PreLouLou expressly disclaims any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Website; (ii) that the functions contained on the Website will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. PreLouLou assumes no responsibility for errors or omissions in the materials on the Website, including factual or other inaccuracies or typographical errors. 

The Buyer expressly agrees that the Buyer’s use and/or access of the Website is at the Buyer’s sole risk.

Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:

  • the improper remedy of defective Sale Item(s), modification or alteration of the Sale Item(s), improper use of the Sale Item(s), willful damage, negligence, or other misuse of the Sale Item(s), as well as fair wear and tear, by the Buyer or any third party;
  • any allergies or other health conditions suffered by the Buyer or any third party from the use of the Sale Item(s); 
  • third party claims, whether directly or indirectly caused by, or relating to, the content of PreLouLou’s Website and the Sale Item(s) purchased on or through PreLouLou’s Website; and
  • any warranties provided under these Terms if the total price for the product has not been paid in cleared funds by the due date for payment.

7.2 The Buyer further acknowledges and agrees that the Buyer’s access and use of the Website is dependent on third party service providers such as internet, network, connectivity or other link providers. The Buyer’s payment for any product purchased from the Website is processed by third party payment system providers and PreLouLou does not retain or process any such payment information. PreLouLou cannot guarantee the security of such third party payment system(s) or any payment data on the Website, PreLouLou is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, PreLouLou is not responsible for the results of any credit inquiry, the availability or performance of the Internet, the Buyer’s connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. 

7.3 By using the Website, the Buyer expressly relieves PreLouLou from any and all liability in connection with the acts, omissions or defaults of such third parties. 

7.4 To the fullest extent permitted by law, PreLouLou shall not be liable to the Buyer (whether or not PreLouLou has been advised of the possibility of such loss) under these Terms, in contract, tort, negligence or otherwise for any claim, damage, loss or costs in respect of (i) any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue and/or (ii) 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 PreLouLou. 

7.5 PreLouLou’s aggregate liability to the Buyer for all other losses arising under or in connection with any contract between PreLouLou and the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to a sum equivalent to the total value of the Buyer’s order.

7.6 PreLouLou shall not be liable to the Buyer for any loss or damage arising as a result of PreLouLou being prevented from performing our obligations under these Terms by reason of circumstances beyond our reasonable control.

7.7 PreLouLou is an intermediary between Sellers and Buyers, thus PreLouLou shall not be liable if Sellers provide counterfeit items and we list them on the Website. Nonetheless, PreLouLou is obliged to report to Singapore Customs office if it identifies any individual trying to sell counterfeits.

7.8 None of the provisions contained in these Terms affect the Buyer’s statutory rights.

 

ARTICLE 8: INDEMNIFICATION 

You hereby undertake to indemnify and keep indemnified, and agree to defend and hold PreLouLou harmless from any and all losses, liabilities, claims, causes of action and costs (including without limitation damages, legal and other professional fees and costs, expenses and penalties) arising directly or indirectly from, as a result of, or in connection with (a) your breach of these Terms and/or the Agreement; or (b) your violation of any applicable laws and regulations, which either arise from or in any manner, directly or indirectly, grow out of any statutory basis of liability or from an act, error, omission or neglect by you, or where applicable, your directors, officers, partners, agents, employees, contractors and subcontractors, and PreLouLou shall have no obligation or liability in connection therewith or arising therefrom and without any substantial contributing action or inaction on the part of PreLouLou. PreLouLou shall have the right to approve the attorney to defend any such claim or cause of action against which PreLouLou is indemnified hereby at your expense if such action is brought against PreLouLou. This indemnification is intended to cover any parent or direct or indirect subsidiary of PreLouLou, any division or affiliate and its and their respective officers, directors, agents, employees, representatives, successors, and assigns.

 

ARTICLE 9: GENERAL

9.1 The Buyer may not assign or transfer the Buyer’s rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.

9.2 No person other than PreLouLou or a Buyer shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.

9.3 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore. 

 

ARTICLE 10: MODIFICATION

PreLouLou may modify these Terms and any content or material on the Website at any time. Whilst every effort is made to keep the Website up to date, any of the content or material on the Website may be out of date at any given time, and we are under no obligation to update the Website. We shall not be liable if for any reason the Website, or any portion thereof, is unavailable at any time or for any period. We shall have the right to refuse any and all current or future access to and/or use of the Website without prior notice to you. If we decide to change our Terms for the Website, we will post the revised Terms here and, if appropriate, notify you by email. Please check back frequently to see any updates or changes to our Terms. 

 




 

 

SELLER’S TERMS AND CONDITIONS

 

INTRODUCTION

These Terms and Conditions (“Terms”) are the terms and conditions, which apply to the relationship between sellers or potential sellers of garments and other goods through the website and PreLouLou. These Terms should be read in conjunction with our Website Terms of Use and our Privacy Policy which also apply to the relationship between you and PreLouLou. By sending garments to PreLouLou and requesting us to sell them on the Website via submission of the Seller’s Form or through communication with us through other channels, you are indicating your acceptance to be bound by these Terms to the exclusion of any other terms and conditions. The Terms may be modified from time to time by updating this page. You should visit this page frequently to review the current Terms.

 

DEFINITIONS

In these Terms the following definitions shall apply:

“Agreement” means any contract entered into between a Seller and PreLouLou;

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

“PreLouLou”, “us”, “we” and “our” means PreLouLou, a partnership registered in Singapore whose UEN is 53432269K;  

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

“Marketing Price” means the price at which an Item is marketed on the Website (i.e. a price solely determined by PreLouLou);

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

“Seller’s Form” means the online form submitted by a Seller wishing to sell an Item which contains a description of such Item;

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

“Terms” means these Seller’s Terms and Conditions; and

“Website” means our website www.preloulou.com.

 

ARTICLE 1: OFFERING ITEMS FOR SALE

1.1 In submitting a Seller’s Form, you are requesting us to sell the relevant Item on your behalf. If you are selling eight (8) or more items, you can request our free pick-up service, meaning our team comes to you to collect the items. If you are selling fewer than eight (8) items, you are required to post them to us to the following address:


PreLouLou
My Mail Box 880048
Singapore 919191

Any costs incurred in connection with the aforementioned shall be solely borne by you. 

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

1.3 The Marketing price is our selling price which shall be 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. You shall be deemed to agree to the Marketing Price and we shall have the right to review and adjust the Marketing Price upon receipt of the Item.

1.4 We may, at our sole and absolute discretion, refuse to accept any Item for sale.

 

ARTICLE 2: COLLECTION / DELIVERY OF ITEMS

2.1 After your submission of the Seller’s Form and where that Item is not yet in our possession, (i) we shall provide you with details of our pick-up service from a Singapore address if you are eligible and any costs incurred in connection with this shall be covered by us; or (ii) you may post the item to us and all such costs incurred shall be borne solely by you.

2.2 It shall be your responsibility to ensure that the Item is carefully and securely packaged such that it is delivered to us in good condition. The Item shall be brand new with tags or gently used. If the Item has been worn, it shall be freshly cleaned and free of stains, tears, fading, and/or pilling.

2.3 In the event that you arrange for the collection of an Item, it shall be your responsibility to ensure that the Item is available for collection on a day that has been mutually agreed upon between us and you. If we are 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 shall have the right to charge a reasonable fee for any repeat collection trip.

2.4 For Items in our possession, the consignment period is one (1) year from Start Date. 

2.5 An Agreement between you and us for PreLouLou to sell an Item on your behalf as your agent comes into existence when an Item is put for sale on the website, such Agreement being governed by these Terms to the exclusion of all other terms, conditions and representations whether written or oral.

2.6 If you require Items sent by post to be insured against loss, damage or delay during transit, it shall be your responsibility to arrange and pay for such insurance. When posting the Item to us, we strongly recommend that you obtain a proof of postage.

2.7 By giving us the right to put the item for sale on the Website, you are confirming that (a) 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 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; (b) the Item may be lawfully sold to consumers; and (c) the Item is not stolen or is not a counterfeit.

 

ARTICLE 3: ACCEPTANCE / REJECTION OF ITEMS

3.1 Where you have arranged for collection of the Item, we shall examine the quality of the Item at the pick-up location and shall have the right to immediately reject any such Item that fails to conform to our standards and/or at our sole and absolute discretion. Where you have posted the Item to us, we shall, within five (5) working days of receipt of the Item, examine the quality of the Item and confirm the acceptance or rejection of the Item via electronic mail (“email”) to you.

3.2 We shall be entitled, at our sole and absolute discretion, to reject any Item received by us for any reason (even if the Item was provisionally accepted by us), in which event we shall email you to enquire whether either (i) you would like us to return the Item to you (which shall be entirely at your expense and your risk) and notifying you of the cost of returning the Item; or (ii) you would like us to donate the Item to charity (the identity of the charity being solely our choice).

3.3 We shall be entitled to charge you an administrative fee of S$15 per piece plus any additional associated shipping charges for any accepted item that you wish to be returned to you after the pick-up. 

 

ARTICLE 4: MARKETING ITEMS ON THE WEBSITE

4.1 If we do not reject the Item to be sold on the website, 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, attempt to sell the Item yourself or appoint any other person or company to sell the Item on your behalf.

4.2 Errors regarding Item information or typographical errors on the Website may occur. PreLouLou shall only confirm the price and details of an Item after the Buyer’s order has been placed in accordance with the Buyer’s Terms and Conditions. If an Item happens to be listed at an incorrect price or with incorrect information, PreLouLou shall have the right, at its sole and absolute discretion, to refuse or cancel any orders placed for that Item, unless the Item has already been dispatched. PreLouLou may, at its discretion, either contact the Buyer for instructions or cancel the Buyer's order and notify the Buyer of such cancellation. The Buyer’s offer shall only be deemed to be accepted once the Item ordered by the Buyer has been dispatched. Until the dispatch of the Item, PreLouLou shall have the right to modify the price of the Item and contact the Buyer for further instructions using the email address registered with PreLouLou. At latest, in the event that the Buyer's order is accepted, the price of the ordered Item(s) shall be debited to the Buyer. The payment may be processed prior. If the order is cancelled after the payment has been processed, the said amount will be reversed back to the Buyer. Prices and availability are subject to changes without notice. 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 Marketing Price, and at least one photograph. We may amend your or our written description at any time until the Item is sold.

4.3 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.

4.4 We shall market the Item subject to our standard Buyers' Terms and Conditions as published on the Website, as may be amended from time to time.

4.5 We shall market the Item at the Marketing Price (or at any revised Marketing Price) for a period of one(1) year from the Start Date. PreLouLou shall have the right to revise the Marketing Price at any time without notifying you.

4.6 The Marketing Price shall be our reasonable estimate of the Item’s value based on, amongst others, the condition of the Item. We do not make any representation or give any assurance that the Item will be sold at the Marketing Price or at all.

4.7 . After the marketing period of one (1) year, PreLouLou shall reserve the right to donate the item to a charity partner of our choice. If you would like your Item(s) to be returned to you after the marketing period of one (1) year and not be donated to a charity of our choice, you shall send us a request in writing by email no later than one (1) year from the Start Date. We shall make arrangements to return you any unsold Item(s) after the one (1) year marketing period, at your own expense, upon receipt of your request. You shall agree to bear the additional shipping charges incurred in connection with the aforementioned. In addition, the return of the Item shall be at your risk and your expense.

4.8 We shall have the right to cease marketing of any unsold Item at any time for any reason, in which case we shall notify you in writing.

4.9 After the collection of your items, , you may send us a request in writing by email, for us to remove the listing of the Item(s) from the Website at any time before we have accepted an offer from a Buyer to purchase the Item(s). You may further request for us to return the Item(s) to you at your own expense. There shall be an administration fee of S$15 per Item and the additional shipping charges incurred in connection with the aforementioned. We shall remove the listing of the Item(s) from the Website within seven (7) working days of receipt of your request. In addition, the return of the Item shall be at your risk and your expense. You acknowledge and agree that you shall not be able to request the return of any Item or revoke our authority to sell such Item(s) once we have accepted an offer from a Buyer to buy it.

 

ARTICLE 5: SALE OF ITEMS

5.1 Once a Buyer has paid the Marketing Price for the Item and all other sums due to us under the Buyers' Terms and Conditions, we shall release the Item to the Buyer.

5.2 Where an Item is returned by a Buyer to us, we shall remarket the Item for sale on the Website at a price to be determined at our discretion. 

5.3 When we sell an Item, we shall notify you by email and shall send you a copy of the transaction statement for the commission due in respect of that Item within twenty-eight (28) working days after the Item has been shipped to the Buyer.

5.4 We shall be entitled to retain 40 percent (40%), or any other percentage as agreed in writing between us and you, of the proceeds of sale of the Item by way of commission, and we shall remit the balance of the proceeds of sale to you less any VAT and other applicable charges provided for in these Terms, incurred by us in relation to the Item within twenty-eight (28) working days after the Item has been shipped to the Buyer and not subsequently returned.

5.5 PreLouLou shall use its best efforts to sell the Items for the benefit of the Seller. This includes selling the Items at physical events where potential Buyers shall have the possibility of trying on the items.

5.6 Unless otherwise agreed upon in writing, we shall pay the amount of the proceeds of sale due to you by the following electronic mode of fund transfer: PayNow.

 

ARTICLE 6: LIMITATION OF LIABILITY

6.1 To the fullest extent permitted by law, PreLouLou shall not be liable to the Seller (whether or not PreLouLou has been advised of the possibility of such loss) under these Terms, in contract, tort, negligence or otherwise for any claim, damage, loss or costs in respect of (i) any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue and/or (ii) 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 PreLouLou. 

6.2 Our aggregate liability to you for all other losses arising under or in connection with any contract between PreLouLou and the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Marketing Price 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. .

6.3 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.

6.4 If a counterfeit or banned Item is nevertheless listed for sale or seized by the competent authorities or the relevant brand/rights holder after having been sold, the transaction shall be cancelled. In this case, the Sellers shall refund to PreLouLou any amounts the Sellers may have received in connection with the sale of such Items and shall compensate us for any costs incurred by PreLouLou and/or the Buyer arising out of the Seller's activity.

6.5 PreLouLou is an intermediary between Sellers and Buyers, thus we shall not be liable if Sellers provide counterfeit items and we list them on the Website. Nonetheless, PreLouLou is obliged to report to Singapore Customs office if it identifies any individual trying to sell counterfeits.

6.6 Without prejudice to anything stated in the Terms, where an Item has been returned to you and/or is to be returned to you, upon the delivery of such Item(s) a written confirmation and/or claim for any error(s) with respect to any loss or damage caused to the Item(s) must be made within a period of fifteen (15) days (“Claim Period”). If, however, we do not receive such a confirmation or claim within the Claim Period you shall waive your right to make any further claims and we shall not be held liable for any loss or damage caused to the Item and no compensation whatsoever shall be owed by us to you.

6.7 Goods are left at Seller’s risk. While we shall take care of your items to the best of our efforts, we will not accept responsibility for your items in the unlikely event of theft or fire. 

 

ARTICLE 7: INDEMNIFICATION

You hereby undertake to indemnify and keep indemnified, and agree to defend and hold PreLouLou harmless from any and all losses, liabilities, claims, causes of action and costs (including without limitation damages, legal and other professional fees and costs, expenses and penalties) arising directly or indirectly from, as a result of, or in connection with (a) your breach of these Terms; or (b) your violation of any applicable laws and regulations, which either arise from or in any manner, directly or indirectly, grow out of any statutory basis of liability or from an act, error, omission or neglect by you, or where applicable, your directors, officers, partners, agents, employees, contractors and subcontractors, and PreLouLou shall have no obligation or liability in connection therewith or arising therefrom and without any substantial contributing action or inaction on the part of PreLouLou. PreLouLou shall have the right to approve the attorney to defend any such claim or cause of action against which PreLouLou is indemnified hereby at your expense if such action is brought against PreLouLou. This indemnification is intended to cover any parent or direct or indirect subsidiary of PreLouLou, any division or affiliate and its and their respective officers, directors, agents, employees, representatives, successors, and assigns.

 

ARTICLE 8: GENERAL

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

8.2 No person other than PreLouLou or a Seller shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.

8.3 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore.

 

ARTICLE 9: MODIFICATION

PreLouLou may modify these Terms and any content or material on the Website at any time. Whilst every effort is made to keep the Website up to date, any of the content or material on the Website may be out of date at any given time, and we are under no obligation to update the Website. We shall not be liable if for any reason the Website, or any portion thereof, is unavailable at any time or for any period. We shall have the right to refuse any and all current or future access to and/or use of the Website without prior notice to you. If we decide to change our Terms for the Website, we will post the revised Terms here and, if appropriate, notify you by email. Please check back frequently to see any updates or changes to our Terms. 

 

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