條款與條件
Please carefully read these Terms and Conditions and make sure that you understand them. These Terms and Conditions may be updated from time to time. Accordingly, you should check the date of the Terms and Conditions, and review any changes since the last version.
1.INTRODUCTION
1.1 SIRCULAR is registered in the Hong Kong Special Administrative Region of the Peoples Republic of China (Hong Kong) with business registration and has its registered office at 2/F Sunny Sky Centre, 5 Ladder Street, Mid-Levels, Hong Kong.
1.2 SIRCULAR owns and operates the website www.sircular.shop (Website) and physical retail spaces in Hong Kong at Suite 2002, 20/F, 33 Wyndham Street, Central, Hong Kong (Store).
1.3 These Terms and Conditions set out the terms and conditions pursuant to which SIRCULAR provides, through the Website and the Store, the Services described in Clause 2 below. These Terms and Conditions must be read in conjunction with SIRCULAR Terms of Use, and SIRCULAR's Privacy Policy. These Terms and Conditions consist of three parts:
(i)Part A: Terms and conditions applicable to Buyers; and
(ii)Part B: Terms and conditions applicable to both Sellers and Buyers.
1.4.By using or requesting to use any of the Services offered by SIRCULAR (see Clause 2 below), you confirm that you have read and understood:
(i)These Terms and Conditions, and you agree to be bound by and to comply with them; and
(ii)SIRCULAR's Terms of Use and Privacy Policy, and you agree to be bound by and to comply with them.
1.5 SIRCULAR recommends that you print a copy of these Terms and Conditions or save them on your computer or other device for future reference. If you have any queries regarding these Terms and Conditions, please contact us at info@sircular.shop
1.6 SIRCULAR may revise and update these Terms and Conditions at any time without prior notice. Every time you engage in a Transaction (see Clause 2 below), the Terms and Conditions in force at the time of the Transaction will apply to the Transaction. Thus, please visit this page frequently to ensure that you are aware of the Terms and Conditions applicable to the Transaction.
1.7.Before you may use any of the Services, you will be asked to read, accept and agree with these Terms and Conditions, as wells as with SIRCULAR’s Terms of Use and Privacy Policy, failing which you will not be permitted to access and use any of the Services.
2.SIRCULAR'S ROLE
2.1.SIRCULAR provides, through the Website, an online platform that allows registered users (collectively referred to in these Terms and Conditions as you, or User(s),) to buy and propose to buy (in which context Users are also referred to as Buyer(s)), and, upon prior approval from SIRCULAR (Clause 4.1 below), to sell and to propose to sell (in which context Users are also referred to as Seller(s)), new or pre-owned luxury clothes and accessories (Product(s)). SIRCULAR offers, through the Website, the following services (Services):
(i)The listing of Sellers' Products on the Website to offer them for sale (Website Listing). Website Listing of a Product occurs as soon as it is offered for sale on the Website, and a Buyer can place an offer to purchase the Product through the Website;
(ii)SIRCULAR's fully-managed service for Sellers (see Clause 3 below);
(iii)Allowing Buyers to place offers through the Website for the purchase of Sellers' Products;
(iv) Allowing Buyers to purchase Sellers' Products at a Store;
(v) Entering, on Sellers' behalf and as the Sellers agent, sale and purchase transactions with Buyers (Transaction(s));
(vi)Carrying out the Transactions;
(vii)Providing any other services offered on the Website or at a Store from time to time; and
(viii) The sale of Sellers' Products via other platforms, auctions and third-party marketplaces. If Sellers' Products are sold via channels other than via the Website or a Store, the terms and conditions applicable to Sellers (see Part A) and the terms and conditions applicable to both Sellers and Buyers (see Part B) apply between SIRCULAR and the Sellers mutatis mutandis.
2.2.Subject to what is provided in Clause 10 below, SIRCULAR reserves the right to terminate the provision of the Services to you at any time, without notice and for any reason. You acknowledge that if you fail to comply with these Terms and Conditions, SIRCULAR may remove you from the Website and/or take legal actions against you.
3.SIRCULAR’S CONSIGNMENT SERVICE
3.1.SIRCULAR currently offers one ‘fully-managed’ consignment service to Sellers.
3.2.Under this Service:
(i)You shall:
(a)Ensure that the item is clean and free from damage at the time of collection by SIRCULAR;
(b)Preparing the item for collection by SIRCULAR, including to ensure that it is adequately and securely packaged;
(c)If a driver-pick up has been agreed, ensure that the item is ready for collection at the agreed time and date. If the first attempt of collecting items from you is unsuccessful because of factors within your own sphere (e.g. no one answers the door), SIRCULAR reserves the right to charge you for collecting your items.
(d)Pass SIRCULAR only authentic designer branded items for sale.
(e)Provide for consignment at least 3 items (or if Hermès or Chanel branded, at least 1 item) but no more than 50 items per month.
(f)Adhere to SIRCULAR’S process e.g. sending images to SIRCULAR prior for their first edit and only sending
items in that have been pre-approved (unless agreed otherwise by the consignment team)
(g) Accept the return fee of your returned consignments which;
i) are being returned due to authenticity issues, condition or style; or
ii)have not been sold
(h) Accept automatic reductions
if the item has been with SIRCULAR for 6 months or more (see Clause 7 below).
(i) Reading and responding timely to emails from info@sircular.shop and other messages of the Company, including Whatsapp messages.
(j)Checking payments in your bank account, once a payment alert has been received.
(k) Allowing a minimum of 3 months from the time of listing for your items to be sold by SIRCULAR, before removal (otherwise a fee of HKD 500 will be applied for early removal) (see Clause 8.3(i)).
(ii)SIRCULAR is responsible for:
(a)Collecting the item from you or arranging a pick up, unless you are dropping them off at the Store or officed, or you are a Non-Hong Kong Seller (see Clause 11 below);
(b)Professionally photographing the item, up to ten different angles;
(c)Determining or, if requested by you, assisting you in determining the selling price at which a Product will be listed on the Website for sale (Initial Selling Price) and whether to subsequently reduce that price;
(d)The description of a Product that will be listed on the Website for sale (Product Description);
(e)Providing extra Product exposure with additional marketing and photo shoots, where possible;
(f)Managing the sale of a Product, including communicating and negotiating with the Buyer;
(g)Storing the Product safely in a temperature-controlled environment until dispatch for delivery;
(h)Delivering the Product to the Buyer. SIRCULAR will bear the costs of delivering the Product to the Buyer, provided the delivery address is located in Hong Kong. If the Buyer's shipping address is located outside of Hong Kong, the Buyer shall bear the shipping fee (see Clause 17.1 below).
3.3.Special provisions regarding collection and delivery apply for Sellers whose address for collecting a Product is located outside of Hong Kong (Non-Hong Kong Sellers) (see Clause 11 below).
4.LISTING REQUEST
4.1. When submitting your proposal that SIRCULAR shall list certain items on the Website to offer them for sale on your behalf through the Website (Listing Request), please note that:
(i)Website Listing of Products is subject to verification and exclusive approval of SIRCULAR; and
(ii)All Products which SIRCULAR lists on the Website for sale, are being offered for sale and sold by SIRCULAR on behalf of the Seller. Title in a Product remains with the Seller until a Product has been sold and delivered to the Buyer (see also Clause 17.5 below).
4.2.By submitting a Product for sale with SIRCULAR, you represent and warrant to SIRCULAR and other Users that:
(i)You are over 18 years of age;
(ii)You have the legal right to make a Listing Request in accordance with these Terms and Conditions, and in particular that you are fully authorised to sell the items included in the Listing Request, whether on your own or someone else's behalf without any further permission;
(iii)The items does not violate any laws, statutes or regulations, and may be lawfully sold to others;
(iv)The item is clean, in a hygienic condition, and free from soiling;
(v)The item is free from mold, infestations, such as insects, larvae, and other live organisms;
(vi)The items does not violate SIRCULAR's Terms of Use; and
(vii)The item is fully authentic i.e., it is not a counterfeit. If SIRCULAR suspects, at any time after it has received an item from you, that the item may be a counterfeit, you agree that SIRCULAR shall proceed in accordance with SIRCULAR's counterfeited items policy under Clause 13 below. Please do not include any item in your Listing Request unless you are sure that it is authentic.
4.3. By submitting a Product for sale with SIRCULAR, you agree and acknowledge that:
(i)If shoes are submitted, You shall keep branded shoe boxes until SIRCULAR has informed you that the shoes have been sold. SIRCULAR does not accept branded shoe boxes (other than Chanel or Hermès), as SIRCULAR
cannot guarantee their safe return.
(ii)You shall not submit with any item to be sold with any hangers, clothing bags, shopping bags, luggage, or branded dust covers if you would like these to be returned. You shall in any event not submit any dust covers or similar items which do not match the brand of the item to be sold.
(iii)If you submit any fine jewellery item for sale, the item shall be accompanied by an original receipt, certification, GIA or equivalent document evidencing its authenticity.
(iv)SIRCULAR may decide, in its sole discretion, not to accept any items crafted from PVC, patent leather, wood, or cork due to their susceptibility to deterioration in Hong Kong's humid climate.
(v)Items will usually undergo several rounds of screenings and SIRCULAR may reject an item at any time before it has been accepted and confirmed.
(vi)Once your items have been accepted and confirmed by SIRCULAR's consignment team, you will receive a pre-booking form. You shall submit the completed form when dropping off the any items at either SIRCULAR’S SHOWROOM IN Central (for minimum and maximum consignment quantities per month, see Clause 3.2(e) above). Drop-offs at SIRCULAR Central Showroom are limited to a maximum of 10 items which must have been pre-screened by SIRCULAR’s Consignment Team prior to drop-off and by upon prior arranged appointment.
(vii)SIRCULAR may offer and sell your Products at a Store or via any other third-party marketplaces, platforms and auctions for at least 3 months.
5. PRE-LISTING PROCESS
5.1.Upon receipt of your Listing Request, SIRCULAR will communicate with you to determine, among other things:
(i)The items which SIRCULAR is prepared to collect or, if you are a Non-Hong Kong Seller, to receive from you, for further examination as to their eligibility for Website Listing;
(ii)Which of the items, after collection/receipt and further examination, SIRCULAR deems eligible for Website Listing as Products (Eligible Item(s)) and which it deems not eligible or otherwise unsuitable ("Rejected Item(s));
(iii)The selling price at which an Eligible Item will be listed on the Website as Product for sale (Initial Selling Price) and its proper description (Product Description);
(iv)Whether to issue a confirmation that any Eligible Item concerned has been accepted as Product for Website Listing (Listing Confirmation) or to reject any Eligible Item for Website Listing, in which case it shall be treated as Rejected Item (see Clause 5.5 below); and
5.2.When communicating with SIRCULAR during the Pre-Listing Process regarding the Initial Selling Price and Product Description of any Eligible Item:
(i)You can make proposals as to the Initial Selling Price. SIRCULAR recommends that you follow the pricing guidelines according to market-rate and do not necessarily propose a price based on the original purchase price. Once a price has been agreed by the Seller, the item(s) cannot be amended in price again, unless it has been agreed by or requested by SIRCULAR.
(ii)You may request SIRCULAR to assist you in fixing the Initial Selling Price. If SIRCULAR considers that your proposed Initial Selling Price is too high, SIRCULAR reserves the right to propose a lower price. SIRCULAR will only process an item (i.e. photographing the Product and taking all other steps necessary to get the product ready for Website Listing) once the Initial Selling Price has been agreed between SIRCULAR and you.
(iii)You will receive automated emails will be sent requesting you to check the proposed selling price for any your item(s) before it is listed. These emails will be sent every few days until you confirm the Initial Selling Price or you request SIRCULAR by email to suggest any amendments to the proposed Initial Selling Price . If SIRCULAR does not receive any response from you after 3 email reminders, you are deemed to have agreed to the proposed Initial Selling Price and SIRCULAR will proceed to list your item at that price.
(iv)SIRCULAR will provide you with a proposed Product Description and will take into account any comments you may have. Size guides provided on the Website are only general size guidelines and, as such, they may not be accurate. Sizes may vary according to original merchandisers and to the territory for which the Products are destined. Product sizes that are stated on the Website are the sizes stated on their label of the original merchandiser. Unlabelled items will be described as "without care label" on the Website along with the relevant Product measurements. If the size label is missing, the Seller must provide the size of the Product at the time it was originally bought. All sizes and measurements are approximate.
(v) SIRCULAR’S in-house team authenticates each item it receives. As additional assurance for Buyers and Sellers, SIRCULAR conducts an authentication process with Entrupy (a third-party AI authentication service) for most designer handbags and leather-goods. any items that cannot be confirmed as authentic will be rejected and SIRCULAR will charge will charge you an AI authentication fee of HKD 500 per item (or HKD 1,000 if a Hermès brand), an administrative fee of HKD 500 and any other expenses incurred by SIRCULAR in this process. SIRCULAR takes authentication seriously. If any item is identified as non-authentic, you agree that SIRCULAR will notify the Customs and Excise Department or other authority who may destroy the item to prevent further circulation. You accept that SIRCULAR may decide, at its sole discretion, how to proceed with any non-authentic items and that SIRCULAR may not return it to you.
5.3.SIRCULAR shall be free to decide whether to accept or reject any Item for Website Listing at its sole and absolute discretion. Factors taken into account by SIRCULAR in making a decision in this regard include, among other things, the Product's desirability, style, seasonality, pricing, condition, and timing.
5.4.For return of rejected Items and removal of items upon your request, please contact the Consignment Team to arrange collection. SIRCULAR will ask you up to 3 times by email whether you wish to collect or receive return items. SIRCULAR will use its best reasonable endeavours to return them to you within 7 business days, or, if you are a non-Hong Kong Seller, within 14 business days from the day SIRCULAR informed you of its decision not to accept the item(s) for Website Listing or from your timely request for SIRCULAR to return them to you. You shall bear the costs (e.g., shipping fee) for any returns. If you choose to collect any return item from SIRCULAR, you must collect it from the SIRCULAR CENTRAL SHOWROOM within 14 days from SIRCULAR's confirmation that it is ready for collection. If SIRCULAR does not receive a response within 28 days from the first email reminder or if you do not collect the item from the SIRCULAR CENTRAL SHOWROOM within 14 days from SIRCULAR's confirmation, you shall be deemed to have agreed that SIRCULAR may donate the item to any charity.
6.LISTING CONFIRMATION AND WEBSITE LISTING
6.1.Once the following matters have been agreed between SIRCULAR and you, SIRCULAR will send you, by email, a Listing Confirmation, confirming:
(i)SIRCULAR’s acceptance of the Eligible Item as a Product for Website Listing;
(ii)The agreed Initial Selling Price.
6.2.Upon receipt of the Listing Confirmation by you:
(i)An agreement between SIRCULAR and you to offer and, as the case may be, to sell, on your behalf, a Product on the Website or on other platforms (see Clause 4.5 above), comes into existence. The agreement shall be governed by these Terms and Conditions which shall constitute the entire agreement between you and SIRCULAR;
(ii)You grant SIRCULAR the exclusive right to offer any relevant item as Product for sale on the Website and/or other platforms, to advertise and promote it, and to sell it on your behalf;
(iii)You agree and confirm not to offer any Item for which you have received a Listing Confirmation for sale through any other means, whether via other online platforms, by you personally, or otherwise, unless and until SIRCULAR has confirmed your Withdrawal Request (see Clause 8 below) or otherwise agreed that the Item be returned to you; and
(iv)You acknowledge and accept that SIRCULAR does not promise or guarantee that SIRCULAR will be able to sell the Product on your behalf.
(v)You acknowledge and accept that the copyright of the Product Description and in any photographs of the Product used to promote
the sale of the Product, whether on the Website or otherwise, belongs to SIRCULAR.
6.3.Products will be listed once ready for Website Listing. SIRCULAR reserves, however, the right to postpone Website Listing of a product in accordance with seasonal fashion trends and/or SIRCULAR’s marketing strategies.
6.4.If you wish that SIRCULAR returns an Item after you have received a Listing Confirmation for that Item, the provisions of Clauses 8.2 to 8.5 below apply.
7.REDUCTION OF SELLING PRICE
7.1. If a Product is not sold within 6 months from its first Listing, it may be featured in one of SIRCULAR's seasonal sales. SIRCULAR reserves the right to reduce every 6 months the selling price for Chanel and Hermès items by 5% and for any other items by 10%. Prior to reducing the selling price, SIRCULAR will inform and remind you by email to allow you to withdraw the item concerned. Once the price of an item has been reduced, it remains reduced. Items may periodically go on sale under the aforementioned discount model according to the below table.
Brands
Reduction Applied Every 6 Months
All Brands
10%
Chanel & Hermès
5%
7.2.If you do not want the selling price of any item reduced, you shall contact SIRCULAR at info@sircular.shop or via Whatsapp at +852 9655 0559 within 14 days from receipt of the first email informing you of the upcoming reduction. SIRCULAR will then decide whether to keep the item without reducing the price or return them to you. If you do not contact SIRCULAR within the 14-day period, you shall be deemed to have agreed to the reduction.
7.3. If you notice any clerical or typographical errors, or any errors of similar nature regarding the selling price, you shall immediately inform SIRCULAR’s Customer Service Representative at info@sircular.shop or via Whatsapp (+852 96440559) and request a correction of the error.
8.REMOVAL OF PRODUCTS FROM THE WEBSITE
8.1.SIRCULA reserves the right to delist your products and return them to you at any time.
8.2.If you wish that SIRCULAR returns a Product to you before it is sold, you must submit a request to SIRCULAR that the Product be removed from the Website or, prior to Website Listing, that the Product not be listed (Withdrawal Request). Your Withdrawal Request must be made by email info@sircular.shopor via Whatsapp (+852 9655 0559) and state the SKU (a PRODUCT CODE which you can find in the listing. Your Withdrawal Request becomes effective 2 business days after it is actually received by SIRCULAR. SIRCULAR will remove the Product from the Website, after SIRCULAR has processed your Withdrawal Request and ascertained that the Product remains unsold.
8.3.If SIRCULAR receives a Withdrawal Request from you:
(i)Within 3 months from the date of the Listing Confirmation or receipt by SIRCULAR of any item for which with the initial price range has already been pre-agreed, you will be charged a fee of HKD 500 per item (Withdrawal Fee) and, if the item is a designer bag or leather good item that has been authenticated by Entrupy, an additional HKD 500 (or HKD 1,000 if a Hermès bag or leather good).
(ii)After expiry of 3 months from the Listing Confirmation, SIRCULAR will only charge you for the shipping fee for returning the Product to you. The shipping fee will depend on the location of your delivery address and the number of Products to be returned to you.
8.4.SIRCULAR will use its best endeavours to return the Product to you within 7 days business after receipt of SIRCULAR’s Withdrawal Request, provided SIRCULAR has received full payment of the Withdrawal Fee and, if applicable, shipping fee, and any other fees and charges that may be owed by you to SIRCULAR. SIRCULAR will invoice you for those fees and costs accordingly.
8.5.If a Product is to be returned to you, whether because you made a Withdrawal Request or SIRCULAR decided to remove it from the Website, or otherwise, and SIRCULAR does not receive a response from you within 14 business days from the day SIRCULAR requested you to confirm delivery of the Product to you, you shall be deemed to have abandoned the Product and SIRCULAR shall be entitled to dispose of the Product as it sees fit, including but not limited to donating it to charity or selling it in its own name on the Website or otherwise.
8.6.Products that are offered for sale on third-party marketplaces, platforms or auctions may require longer processing and return periods. If your Withdrawal Request is for such a Product, it may take an additional month for SIRCULAR to return the Product.
9.SIRCULAR’s FEE
9.1.SIRCULAR does not charge any commission for its Fully-Managed Consignment Service during the Pre-Listing Process and for or during Website Listing.
9.2.SIRCULAR’s commission for the Consignment Listing Service (see Clause 3 above) (SIRCULAR's Fee) shall be a percentage of the price at which the Product is actually sold (Final Price), unless otherwise individually agreed between you and SIRCULAR, and shall be calculated as follows:
Selling Price
SIRCULAR Fee
HK$10,000 and below
35% (minimum of HK$350)
HK$10,001 - HK$25,000
30%
HK$25,001 - HK$50,000
25%
HK$50,001 – Higher
20%
9.3.For fees and costs to be borne by you, if you decide to withdraw a Product from the Website before it has been sold, please see Clause 8 above.
10.PAYMENTS TO SELLERS
10.1.Once a Transaction is finalised and SIRCULAR has received payment for the Products from the Buyer, SIRCULAR will deduct SIRCULAR's Fee (see Clause 9 above), other applicable charges from the Final Price (Proceeds). Payment of the Proceeds to you will be made directly by SIRCULAR.
10.2.SIRCULAR will notify you of any sold Products on the 15th day of every month (or the next business day if the 15th day is not a business day), provided that SIRCULAR has received full payment from the Buyer by then and the time period for the Buyer to submitting a Return Request has expired (see Clause 18.2 below). SIRCULAR may take one additional month to notify you of any Products that have been sold on third-party marketplaces, platforms or auctions, as this process is not within SIRCULAR's sole control and may take more time.
10.3 SIRCULAR will authorise payments of the Proceed to Sellers on the end of the month (following the Items Sold email). SIRCULAR will only authorise payment if:
(i) SIRCULAR has received payment from the Buyer;
(ii) The Buyer has not confirmed by the last day of the previous month to be unsatisfied with the Product;
(iii) SIRCULAR has notified the Seller, on the 15th day of that month, the details of the payments it expects to receive;
(iv) SIRCULAR has received by the 25th day of that month all bank account details it requires to be able to make payment. If SIRCULAR does not receive the bank account details by the 25th day of that month, payment will be deferred to the end of the subsequent month.
10.5 Local payments to any bank account in Hong Kong will be made directly to the bank account. For international payments to a bank account outside Hong Kong, SIRCULAR shall deduct a fee of HKD 300 from the selling price in addition to SIRCULAR's Fee. SIRCULAR shall not pay for any additional bank charges you may incur for international bank transfers. SIRCULAR does not pay out in cash or by cheques.
10.6.In SIRCULAR’s experience, pre-owned footwear sells at a slower pace in Hong Kong than other pre-owned categories. If pre-owned footwear has been stored for an extended period, the glue in the sole or materials may harden, and subsequently causing to break when worn by a Buyer. If this occurs, it can cause inconvenience or embarrassment to the Buyer in which case SIRCULAR may, at its sole discretion, accept a return of the footwear and give the Buyer a refund. You agree and accept that if this happens to your Product and SIRCULAR gives the Buyer a refund, SIRCULAR shall cancel the sale of your Product and you shall be liable to return the Proceeds, either by refunding them to SIRCULAR or if SIRCULAR considers sufficient Proceeds can be generated from further sales for you, by deducting them from your next statement.
11.NON-HONG KONG SELLERS
11.1.If you are a Non-Hong Kong Seller (see Clause 3.3 above), you shall be responsible for delivery of the Product to SIRCULAR, at your own cost, after SIRCULAR has notified you which items it is prepared to receive from you for further examination as to their eligibility for Website Listing.
11.2.For fees and costs to be borne by a Non-Hong Kong Seller who decides to withdraw a Product from the Website before it has been sold, see Clause 8 above shall apply.
11.3.For payments to Sellers with a bank account outside of Hong Kong, see Clause 10.4 above.
12.INSURANCE
12.1.If your Products are stored at SIRCULAR’s premises, your Products are covered by insurance against loss and or damage during the time of storage. If a Product is lost or damaged during the time it is stored at SIRCULAR’s premises, SIRCULAR will fully reimburse you for the Product's actual listing price at the time the loss or damage occurred.
12.2.Once a Product has been bought by a Buyer and handed over by SIRCULAR to the courier for shipping to the Buyer, the courier alone will be liable for any loss or damage to the Product and SIRCULAR shall not be liable, whether jointly or severally, for any loss or damage. If the Product is lost or damaged during shipment, SIRCULAR will liaise with the courier to negotiate on your behalf, the most favourable reimbursement. This Clause 12.2 shall not apply if shipping of the Product to the Buyer was arranged by you.
13.ANTI-COUNTERFEIT POLICY
13.1.SIRCULAR is committed to its anti-counterfeit policy set out in this Clause 13.
13.2.SIRCULAR will only accept authentic new or pre-owned luxury goods for Website Listing and will use its best endeavours to prevent Website Listing of fake or counterfeited merchandise of any kind.
13.3.By submitting a Listing Request, you agree that SIRCULAR shall be entitled to inspect, analyse, and examine any Products received from you. If SIRCULAR suspects, at any time after it has received a Product from you, that the Product may be counterfeited, SIRCULAR shall be further entitled to request you to provide proof of purchase of the Product. If SIRCULAR is still not satisfied that the Product is authentic, SIRCULAR may bring the Product to external authenticators, experts in their field, for final assessments. SIRCULAR’s in-house team authenticates each item it receives. For extra assurance, SIRCULAR also works with AI partner Entrupy to provide certification for authentic bags.
13.4.If the Product is found to be counterfeited or its authenticity remains uncertain:
(i)SIRCULAR will reject Website Listing of the Product concerned or immediately withdraw it from the Website, if SIRCULAR finds out about it only after Website Listing.
(ii)SIRCULAR shall have the right to suspend or terminate your User Account, in its sole and absolute discretion, at any time and without notice.
(iii)SIRCULAR reserves the right to report the incident to the relevant authorities and SIRCULAR will fully cooperate with the authorities in any investigation they may carry out. If requested to do so, SIRCULAR will provide the relevant authorities with your personal information as per SIRCULAR's Terms of Use and SIRCULAR's Privacy Policy.
(iv)SIRCULAR shall have the right to inform your Invitees and the owners of the trade mark concerned.
(v)SIRCULAR shall not refund any costs incurred by you, whether shipping fees or other costs. SIRCULAR will charge the Seller an AI Entrupy authentication fee of HKD 500 per handbag or leather good (or HKD 1000 for Hermes handbag or leather good) an administrative fee of HKD 500, and any necessary expenses incurred by SIRCULAR in this process.
13.5.If, after a Product has been sold, the Product is found to be counterfeited or, upon a complaint by the Buyer, its authenticity cannot be ascertained, you agree that SIRCULAR shall proceed in accordance with its Return and Refund Policy (see Clause 18 below) and you shall be liable to repay to SIRCULAR in full, within 7 business days from notification by SIRCULAR that the Product's authenticity could not be ascertained, the Proceeds you received for the sale of the Product concerned.
14.TERMINATION OF SELLER'S USER ACCOUNT
14.1.You may terminate your User Account at any time by written notice to SIRCULAR at info@sircular.shop.
14.2.However, if at the time you terminate your User Account:
(i)There are any Products listed on the Website by you, the provisions of Clause 8 above shall apply.
(ii)SIRCULAR owes you any payments for sold Products, your account will only be closed after those payments have been settled.
14.3.SIRCULAR reserves the right, at any time, in its sole and absolute discretion, without notice, and temporarily or permanently, to close the User Account of any Seller who:
(i)Requests, or procures, or attempts to procure, SIRCULAR to list counterfeited Products.
(ii)Repeatedly withdraws Products from the Website which are still subject to the Withdrawal Fee (see Clause 8.3 above).
B.TERMS AND CONDITIONS APPLICABLE TO BUYERS
15.PLACING ORDERS
15.1 The order process allows you to check and amend any errors or make any changes before submitting your order to the Website. You should always take the necessary time to read and check your order at each step of the order process and in particular before placing it.
15.2.All Products are offered for sale on the Website, sold on an “as is” basis, and can be returned. All products offered for sale at a Store are sold on an “as is “basis and cannot be returned.
15.3.All Products are sold strictly on a first come first served basis. This means that a Product will appear available on the Website until a Buyer has actually placed an order for that Product and irrespective of whether another Buyer has added that Product to that Buyer's shopping basket. Please note that if you log-out from your User Account, any items will be removed from your shopping basket.
15.4.After the order is placed on the Website, you will receive an email from SIRCULAR acknowledging receipt of the order. Please note that this does not mean that the order has been accepted by SIRCULAR. SIRCULAR will confirm to you by separate emails that SIRCULAR has:
(i)Accepted your order (Order Confirmation); and
(ii)Dispatched the Product ordered by you (Shipping Confirmation).
15.5. If a Product you attempt to purchase is actually purchased at a Store before you have received an email that SIRCULAR has accepted your order, SIRCULAR will email you and refund you for that Product. If SIRCULAR is, for any other reason, unable to process the order or to ship the Product to you, SIRCULAR will inform you by email in which case the Order Confirmation is deemed cancelled. This includes the event that a Product is lost during shipment to you (for lost Products during shipment, see Clause 17 below). If you have already paid for a Product for which the Order Confirmation has to be cancelled, SIRCULAR will use its best endeavours to refund the payment to you within 7 business days.
16.PAYMENT BY BUYERS
16.1.The selling prices of the Products are those listed on the Website, except in cases of obvious clerical or typographical errors, or any errors of similar nature. error (e.g. typos). If you notice any such errors, please inform immediately SIRCULAR's Customer Service Representative at info@sircular.shop or via Whatsapp (+852 96550559).
16.2.Payment for the Products must be made by credit card, via Shop Pay (see also Clause 20 below).
16.3.SIRCULAR will not issue dispatch any Products ordered by you until payment has been authorised or any other relevant credit card merchant, as the case may be.
17.SHIPMENT AND DELIVERY
17.1.If your shipping address is:
(i)In Hong Kong (Hong Kong Buyers), shipping is free of charge for purchases over HKD 2,500; otherwise, shipping fees are to be borne by you.
(ii)Outside Hong Kong (Non-Hong Kong Buyers), shipping fees are to be borne by you. The shipping fees will depend on the shipping address, package size, and the delivery service selected by you.
17.2.SIRCULAR will use its best endeavours to deliver, but does not guarantee that it will deliver Products to Hong Kong Buyers within 2-4 business days from issuance of the Shipping Confirmation which will indicate the envisaged delivery date. If you are a Non-Hong Kong Buyers, longer shipment periods apply and these may vary.
17.3.SIRCULAR uses trusted couriers to deliver the Products. If a Product is not delivered by the delivery date in the Shipping Confirmation, please contact SIRCULAR at info@sircular.shop. If your shipment is lost, SIRCULAR will liaise with the courier to help track your parcel. If the item is declared lost indefinitely, the provisions of Clause 15.5 above shall apply).
17.4.You are responsible for ensuring that the Product can be delivered at the address provided by you when placing your order. If the first attempt of delivery to you is unsuccessful because of factors within your own sphere (e.g. no one answers the door), you shall be liable for any additional costs incurred for each additional delivery attempt.
17.5.Title and risk of loss will pass to you on delivery of the Products to you. A Product is deemed to be delivered to you when you sign for delivery of the Product.
18.RETURNS AND REFUNDS POLICY
18.1.Your rights in relation to requests for returning or relisting a Product depend on whether the Product was purchased from the Website or physically at a Store or a Pop-up. Refunds for any items which have been purchased physically are excluded, but items can be relisted at SIRCULAR’s sole discretion.
18.2.For online orders, a request for return and a refund (Return Request) or relisting (Relisting Request) of a Product must clearly identify the Product you wish to return or relist, and must be made within 48 hours from signing for delivery of the Product by making a return via the Returns portal on the Website. SIRCULAR does not offer free returns and shipping costs for returns must be borne by you.
18.3.Upon receipt of a Return Request or Relisting Request from you, SIRCULAR will examine the request and, if SIRCULAR concludes, that the Product concerned may be returned or relisted, send you a notification requesting you to return the Product to SIRCULAR within 5 business days or, if you are a non-Hong Kong Buyer, 10 business days from the date of the notification.
18.4.SIRCULAR will only further consider and process a Return Request or Relisting Request if:
(i)The Product is returned with the designated Refund Form and any original wrapping, boxes or other packaging, within 5 business days or, if you are a non-Hong Kong Buyer, 10 business days from the date of the notification requesting you to return the Product to SIRCULAR.
(ii)The Product is returned in the same condition in which it was dispatched to you, and if the Product is shoes, that the shoes have not been worn;
(iii)SIRCULAR's tags are still attached to the Product and have not been altered or temporarily removed from the Product.
18.5.If you are entitled to a refund, SIRCULAR will use its best endeavours to arrange for the refund via Shop Pay within 14 business days. For payment of shipping fees, please see Clause 21.1 below).
18.6.Unless you have been approved as a Seller, you shall not be permitted to submit Listing Requests for other Products, nor shall you become entitled to invite Invitees as Sellers or sell any other Product.
19.TERMINATION OF BUYER'S USER ACCOUNT
19.1.You may terminate your User Account at any time, unless there are any Transactions pending or any payments from you to SIRCULAR remain outstanding. To close your account, please email to info@sircular.shop.
C.TERMS AND CONDITIONS APPLICABLE TO BUYERS AND SELLERS
20.PROCESSING OF PAYMENTS
20.1.All payments made by you for the use of the Services are processed by SIRCULAR via Shop Pay or any other payment methods indicated on the Website from time to time. SIRCULAR will be the merchant of record. All credit card holders are subject to validation, checks and authorisation by the card issuer or Shop Pay. If the issuer of your payment card refuses to authorise payment to SIRCULAR, SIRCULAR will not be liable to you for any delay or non-provision of the Services.
20.2.The normal processing time for each payment is 7 to 30 business days after all requirements for making payment have been met.
21.SHIPMENTS
21.1.SIRCULAR pays for shipment of Products except for:
(i)Shipments to SIRCULAR during the Pre-Listing Process from Non-Hong Kong Sellers;
(ii)Shipments to non-Hong Kong Buyers (see Clause 17 above);
(iii)Shipment of Products being returned to SIRCULAR, whether for claiming a refund or requesting relisting, except for shipments of Products being returned by the Buyer if the Products are counterfeited (see Clause 18 above).
21.2.Shipping fees are stated clearly at check out and in the Frequently Asked Questions (FAQ) section. Applicable shipping fees may change from time to time without any notice.
22.TAXES AND OTHER CHARGES
22.1.Once the Product is sold, Seller and Buyer shall be responsible to determine whether import duties, taxes, levies or other charges are applicable to their Transaction.
22.2.SIRCULAR shall not be liable for non-compliance or breaches by Users of the applicable laws, statutes, or regulations of the country where to which a Product is destined and/or delivered.
22.3.SIRCULAR will not grant any refund for Products that cannot be delivery to a Buyer because import duties, taxes, levies or other charges remain unpaid.
23.EVENTS OUTSIDE SIRCULAR'S CONTROL
23.1.SIRCULAR will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Transaction that is caused by an Event Outside SIRCULAR’s Control, as defined in Clause 23.2 below.
23.2.An 'Event Outside SIRCULAR's Control' means any act or event beyond SIRCULAR’s reasonable control including, but not limited to, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
23.3.If an Event Outside SIRCULAR's Control takes place that affects the performance of any of SIRCULAR's obligations towards you:
(i)SIRCULAR will contact you as soon as reasonably possible to notify you of the occurrence of the Event Outside SIRCULAR's Control; and
(ii)SIRCULAR’s obligations under a Transaction will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside SIRCULAR's Control. Where the Event Outside SIRCULARs Control affects SIRCULAR’s delivery or return of Products to you, SIRCULAR will arrange a new delivery date with you after the Event Outside SIRCULAR's Control is over.
23.4.A Buyer may cancel a Transaction affected by an Event Outside SIRCULAR's Control which has continued for more than 30 days. To cancel the Transaction in such circumstances, the Buyer shall notify SIRCULAR. If the Buyer opts to cancel, the Buyer will have to return, at the Buyer's own cost, any relevant Products the Buyer has already received and refund the purchase price, if already.
24.GOVERNING LAW AND DISPUTE RESOLUTION
24.1.The construction, validity and performance of SIRCULAR's Transaction Policy together with all our policies and procedures and all non-contractual obligations (if any) arising therefrom or connected therewith shall be governed by The Laws of Hong Kong.
24.2.Any dispute, controversy, difference or claim arising out of or relating to SIRCULAR’s Terms and Conditions for Sellers and Buyers or Terms of Use or Privacy Policy, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it (a Dispute) shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
24.3.At any time before SIRCULAR has submitted either a Notice of Arbitration or an Answer to the Notice of Arbitration, as the case may be, in relation to the resolution of a Dispute, SIRCULAR, at its sole option, may elect by notice in writing to you that such Dispute shall instead be heard by the courts of Hong Kong or by any other court of competent jurisdiction. Following any such election, no arbitral tribunal shall have jurisdiction in respect of such Dispute. In the event that SIRCULAR serves a written notice of election in respect of a Dispute, you agree with SIRCULAR that the courts of Hong Kong shall have non-exclusive jurisdiction to hear and determine the Dispute and, for such purposes, irrevocably submit to the jurisdiction of such courts. Subject to Clause 24.2 above, nothing in this Clause 24.3 shall (or shall be construed so as to) limit the right of SIRCULAR to bring proceedings for the determination of a Dispute against you in any other court of competent jurisdiction, nor shall the bringing of such proceedings in any one or more jurisdictions preclude the bringing of proceedings by SIRCULAR in any other jurisdiction (whether concurrently or not) if and to the extent permitted by law. For the purposes of this Clause 24.3, you irrevocably waive any objection which you might now or hereafter have to the courts of Hong Kong being nominated as the forum to hear and determine any proceedings arising out of or in connection with SIRCULAR's Terms and Conditions for Sellers and Buyers or Terms of Use or Privacy Policy and you agree not to claim that any such court is an inconvenient or inappropriate forum.
25.NOTICES AND WRITTEN COMMUNICATIONS
25.1.Any notice to SIRCULAR must be in writing and, unless indicated otherwise in these Terms and Conditions, sent by email to info@sircular.shop. Any notice or other written communication from SIRCULAR to you shall be deemed to be received by you if sent to the email address you have provided in your User Account or any other email address you have provided to SIRCULAR.
25.2.Any such notice or written communication shall be deemed to be received by you 24 hours after the email is sent, whereby the date shall be determined according to the local time at the place of receipt.
26.BUSINESS DAYS AND TIME PERIODS
26.1.Where the “business day” is used in these Terms and Conditions, it shall mean any day from Monday to Sunday, except public holiday in Hong Kong.
26.2.If a deadline would fall on a day that is not a business day, then the deadline shall fall on the following business day.
26.3.In these Terms and Conditions a “month” means a period of time beginning on the day of the relevant event and ending at the end of the day with the corresponding date in the following month (e.g. 1 March to 31 March).
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