Seller Terms and Conditions
These Seller Terms and Conditions (“Seller Terms and Conditions'') form a legally binding agreement between the Seller User (defined under theWristcheck Terms and Conditions) and Wristcheck Exchange Limited ("Wristcheck") (each a “Party”, collectively the “Parties”). Please read below the Seller Terms and Conditions applicable to Seller Users along with the Wristcheck Terms and Conditions. By selling any Products through Wristcheck, the Seller User agrees to be bound by these Seller Terms and Conditions and the Wristcheck Terms and Conditions. If there is any inconsistency between these Seller Terms and Conditions and the Wristcheck Terms and Conditions, the Seller Terms and Conditions shall prevail. If any dispute arises about the interpretation of these Seller Terms and Conditions, Wristcheck’s decisions and interpretations will be final. Should the Seller User have any questions relating to these Seller Terms and Conditions, please contact Wristcheck Customer Care team atconcierge@wristcheck.com.
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Engagement
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The Seller User hereby engages Wristcheck to sell the Product(s) provided by the Seller User to Wristcheck from time to time during the consignment period on a consignment basis (“theProduct”, each a “Product”).
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Wristcheck hereby agrees to provide consignment services to the Seller Users on a non-exclusive basis, subject to the terms and conditions contained herein.
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Selling Products
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The Concierge Consignment Process
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Quotation and Consignment Submission
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If the Seller User intends to sell any Product via Wristcheck, the Seller User is required to go through the KYC process conducted by Sumsub or any other third-party service provider(s) engaged by Wristcheck.
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Subject to thePrivacy Policy, the Seller User shall also provide information/documents about himself/herself and the Product, including the purchase information and any proof of possession per the request of Wristcheck.
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The details of each Consignment Engagement (which includes the details of the Product, Suggested Selling Price, Net to Seller, etc) will be specified by Wristcheck to the Seller User, if available.
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A legally binding consignment engagement (“Consignment Engagement”) is formed between the Parties when:
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the Seller User confirms the consignment by clicking the “Confirm Consignment” button available on our Platform or by replying to the email.
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Each Consignment Engagement shall constitute a separate contract between the Parties. The Parties hereby agree that these Seller Terms and Conditions apply to each Consignment Engagement and if there is any inconsistency between the Consignment Engagement and these Seller Terms and Conditions, the terms and conditions set out in the Consignment Engagement shall prevail.
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Unless otherwise specified in these Seller Terms and Conditions, these Seller Terms and Conditions embody all the terms and conditions agreed upon between Seller User in relation to consignment with Wristcheck and supersedes and cancels in all respects all previous correspondence, understandings, agreements (including consignment agreement), and undertakings (if any), between the Parties with respect to consignment with Wristcheck, whether such be written or oral.
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Checks Prior to Product Delivery
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The Seller User acknowledges and agrees that Wristcheck will upon the confirmation of a Consignment Engagement, provide the information of the Product to third-party service providers for due diligence checks (including but not limited to checking against the database of reported stolen watches on The Watch Register (www.thewatchregister.com).
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If Wristcheck is not satisfied with the result of the due diligence checks, Wristcheck will send the Seller User an email toterminatethe relevant Consignment Engagement with immediate effect, without providing any compensation to the Seller User. In such case, the Seller User shall pay an administrative fee ofHKD 1,000to Wristcheck upon Wristcheck’s written request.
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If Wristcheck is satisfied with the information/documents provided by the Seller User and the result of the due diligence checks, Wristcheck will request the Seller User to deliver the Product to Wristcheck to proceed with the consignment process.
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Inspection After Product Delivery (Pre-Consignment Period)
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After Wristcheck has received the Product from the Seller User, Wristcheck will inspect the Product and if Wristcheck is at its absolute discretion NOT reasonably satisfied that:
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the Product is authentic, not counterfeit or fake;
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the Product is of acceptable quality and condition suitable for consignment; and/or
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the Product is of the quality described by the Seller User,
Wristcheck shall have the right toterminateany Consignment Engagement with immediate effect, without providing any compensation to the Seller User. In such case, the Seller User shall pay an administrative fee ofHKD 1,000to Wristcheck upon Wristcheck’s written request. Wristcheck will notify the Seller User to (at its own costs and risks) make arrangements to collect the Product (if applicable) from Wristcheck (Late Collection Fee will be payable by the Seller User for any late collection).
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In the event that the Consignment Engagement is terminated for the reason set out in this Clause 2.1.3 (iii), Wristcheck may (and shall have no obligation to) (i) send the Seller User another quotation for Consignment Engagement; and/or (ii) send the Seller User a quotation for the Professional Services offered by Wristcheck for the Seller User’s consideration and confirmation. The terms and conditions for Professional Services shall be specified in the relevant quotation.
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For the avoidance of doubt, Wristcheck retains the absolute right to conduct checks mentioned hereinabove against any Product at any time during the term of the relevant Consignment Engagement as it deems necessary.
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Listing of the Product during the Consignment Period
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The consignment period shall commence on the first day on which Wristcheck lists the Product at its absolute discretion and shall expire ninety
(90) calendar days therefrom (both dates inclusive) (the “Initial Consignment Period”), subject to early termination in accordance with these Seller Terms and Conditions.
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The Initial Consignment Period shall commence no later than fourteen (14) business days upon Product delivery. The Seller User will be notified by Wristcheck of the commencement of the Initial Consignment Period by email and/or in-app push notification.
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Upon the expiration of the Initial Consignment Period, the consignment period shall automatically renew for the subsequent period(s) of the same length as the Initial Consignment Period unless either Party provides written notice of termination to the other Party at least forty-eight (48) hours prior to the expiration of the then-current consignment period.
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Where a consignment period has terminated or expired without extension, the Seller User must (at its own costs and risks) make arrangements to collect the Product from Wristcheck pursuant to Wristcheck’s instructions (Late Collection Fee will be payable by the Seller User for any late collection).
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Selling Price and Marketing of the Product
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The Parties agree that the “Seller User Listing Price” shall be the listed price of the Product, “Suggested Selling Price” shall be the amount of the selling price set out in the relevant Consignment Engagement. The Seller User shall have the discretion to set and change the Seller User Listing Price at any time during the Consignment Period on Wristcheck’s website or mobile application with immediate effect, or by providing Wristcheck a one (1) business day’s notice to and change the Seller User Listing Price, provided that the revised Seller User Listing Price must fall within the range of plus or minus 30% of the
Suggested Selling Price as set out in the Consignment Engagement. If the Product is available for bidding, the Seller User may change the Seller User Listing Price by accepting an offer from the Buyer User and/or making counter-offers via Wristcheck’s website or mobile application.
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The Seller User hereby agrees that Wristcheck may offer discounts to the Buyer User applicable to a Product without prior written consent from the Seller User, provided that such costs shall be solely borne by Wristcheck. For the avoidance of doubt, where the actual selling price of the Product is lower than the most updated Seller User Listing Price, the Seller User would still receive a payout amount of the sale from Wristcheck equivalent to the payout amount as if the Product was sold at the most updated Seller User Listing Price.
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In any event, the Seller User understands and agrees the Commission should remain to be calculated with reference to the most updated Seller User Listing Price at all times.
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Unless otherwise indicated by the Seller User to Wristcheck, the Seller User agrees that Wristcheck shall have the right to display the Product at any of Wristcheck’s premises for the purpose of the Consignment and the Seller User understands and agrees that normal wear and tear are expected and unavoidable when displaying the Product, and that no compensation payment shall be payable in respect of any normal wear and tear in such circumstances.
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Unless otherwise indicated by the Seller User to Wristcheck, Wristcheck shall have the right to (at its own costs and expenses) arrange for any marketing and sales activities (such as publication of advertisements of the Product including images thereof) as Wristcheck deems fit for the purpose of the Consignment.
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The Seller User understands that the likelihood of Wristcheck being able to effect a sale of the relevant product will be significantly decreased if he/she disallows Wristcheck to display the Product per clause 2.2.4 and/or to disallow
Wristcheck to arrange for marketing and sales activities per clause 2.2.5. For the avoidance of doubt, Wristcheck does not in any event guarantee a successful sale and shall not be held liable for failure to effect a sale under any circumstances.
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The Seller User understands and agrees that regardless of the Seller User’s indication under clauses 2.2.4 and/or 2.2.5 above, Wristcheck will issue, publish and/or make available online and/or offline a “Wristcheck Grading” for each Product, which refers to a 10-point grading system adopted by Wristcheck for grading various aspects of each consigned Product, such as case and bracelet, dial and hands, movement and timing results and any associated condition reports. The Seller User hereby agrees that Wristcheck shall have the right to issue, publish, make available and amend such Wristcheck Grading without the prior consent of Wristcheck. Wristcheck Grading is provided by Wristcheck at its absolute discretion and the Seller User shall not dispute any contents therein. The Seller User hereby agree that if the Seller User does not agree Wristcheck to issue, publish, make available and/or amend Wristcheck Grading of such Product, the Seller User shall terminate the relevant Consignment Engagement pursuant to clauses 2.8.1-2.8.2 (Termination by Notice).
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Fees and Payment
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In consideration of the services to be rendered by Wristcheck, the Seller User agrees that Wristcheck shall be entitled to the payment of the following fee(s) (as applicable):
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the Commission (as defined below);
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a daily late collection fee ofHKD 500per day, applicable and payable only when the Seller User fails to collect a Product by the stipulated collection deadline date as notified by Wristcheck in writing (the “Late Collection Fee”); and
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an early termination fee ofHKD 7,800(one-off) to handle each early termination request of a Consignment Engagement, applicable and payableonlywhen the Seller User requests for repossession of the Product and/or termination of a Consignment Engagement prior to the expiration of the respective Initial Consignment Period, including at any time before listing (the “Early Termination Fee”)
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Unless otherwise agreed by the Parties in writing, the “Commission” shall mean the amount calculated by “A “multiplied by “B” (A x B):
“A” = corresponding percentage (%) of the most updated Seller User Listing Price of the Product as indicated, being the commission percentage
“B” = The most updated Seller User Listing Price of the Product
The most updated Seller User Listing Price of the
Product (HK$)
The most updated Seller User Listing Price of the
Product (US$)
%
<1,560,000
<200,000
12%
1,560,001 - 3,900,000
200,001 - 500,000
9%
3,900,001 - 7,800,000
500,001 - 1,000,000
6%
7,800,000+
1,000,000+
To be agreed by the Parties in the Consignment
Engagement
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With respect to the sale and the relevant proceeds, the Seller User authorizes Wristcheck:
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to collect the total amount of the actual selling price (and any part thereof, such as any deposits) of the sale for and on behalf of the Seller User;
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to then deduct and retain the Commission (and any other amount payable by the Seller User to Wristcheck) from the total amount of the actual selling price of the sale at the Seller User Listing Price; and
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subject to clause 2.2.2, to then payout the remaining amount of the actual selling price of the sale to the Seller User as soon as practicable, but in any event no later than ten (10) business days after the expiration date of the buyer-return-Product period.
2.3.4 In the unlikely event that Wristcheck has paid an erroneous amount to the Seller User, Wristcheck shall settle the outstanding amount as soon as possible upon the written request of the Seller User and the Seller User shall return any excess amount as soon as possible upon the written request of Wristcheck.
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Safekeeping and Risk of Loss of the Payment
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Wristcheck undertakes, for so long as it has physical possession of the Product, it shall use reasonable commercial efforts to safekeep the Product
and shall accept the risk of loss or damage to the Product, normal wear and tear excepted. For the avoidance of doubt, the Seller User retains ownership of the Product until and upon occurrence of the sale.
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In the event the Product is damaged while in the possession of Wristcheck, Wristcheck may arrange for professional repair of the Product (at its own costs and expenses) where it views commercially feasible and reasonable to do so. In the event Wristcheck views that it is not commercially feasible and reasonable to repair the Product and/or views the Product ismateriallydamaged beyond repair, Wristcheck agrees to make (and the Seller User agrees with to the sufficiency thereof) a compensation payment of an amount equivalent to the amount that would have been payable to the Seller User (after deducting the Commission payable to Wristcheck under the relevant Consignment Engagement) if a sale has occurred where the relevant Product was sold at the most updated Seller User Listing Price and immediately upon such payment being made, the ownership of the Product (whether repaired or not) shall automatically and irreversibly be deemed to have been transferred and assigned to Wristcheck. For the avoidance of doubt, while Wristcheck undertakes to use its commercial effort to handle the Product with care, the Seller User understands and agrees that normal wear and tear is expected and unavoidable in the handling, inspection and custody of the Product, and that no compensation payment shall be payable in such circumstances. Wristcheck agrees to exercise reasonableness when assessing the condition of the Product (including but not limited to whether there has been material damage to the Product) but shall under no circumstance be liable for any normal wear and tear caused in the handling, inspection and custody of the Product.
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Wristcheck’s obligation to safe-keep the product is conditional upon Wristcheck retains physical possession of the Product. The Seller User understands and agrees that repossession of the Product by the Seller User will immediately terminate the relevant Consignment Engagement. The Seller User may request repossession of the Product subject to the terms and conditions stipulated under clauses 2.8.1-2.8.2 (Termination by Notice). For the avoidance of doubt, Wristcheck shall have the right to retain and refuse to return the Product to the Seller User, and the Seller User hereby agrees to such a lien being created on the Product, until and unless the Seller User has satisfied all then outstanding fees (including but not limited to the Late Collection Fee) to Wristcheck under any Consignment Engagement.
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Representations and Warranties
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The Seller User represents and warrants that, during the consignment period of each Consignment Engagement:
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he/she shall maintain good and marketable title to the Product and remain as the legal and equitable owner of the Product who has full authority to consign the Product pursuant to the Consignment Engagement;
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he/she shall keep the Product free from any liens and/or other encumbrances, save and except those created under these Seller Terms and Conditions ;
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the Product is authentic and does not infringe upon, misappropriate or violate any trademark, copyright or other intellectual property or other proprietary right of any third-party, or in violation of any applicable laws and regulations;
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the Product is not from, or the result of, any illegal activity, including but not limited to theft or fraud;
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none of his/her actions and conducts pursuant to these Seller Terms and Conditions, including the occurrence of the sale will be in violation of any applicable rules and regulations; and
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he/she will comply with his/her obligations contained herein and take such actions as required and necessary to give full effect to these Seller Terms and Conditions and the transactions contemplated hereunder (including but not limited to effecting the sale).
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The Seller User and Wristcheck represent and warrant to the other Party as follows:
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he/she/it has full power and authority to enter into and perform any Consignment Engagement and any Consignment Engagement constitute or will, when executed, constitute binding obligations on he/she/it;
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the agreement to any Consignment Engagement does not contravene any agreement, judgment, injunction, order, law, regulation, encumbrance or other instrument binding upon such party; and
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he/she/it has obtained all applicable governmental, statutory, regulatory or other consents, licenses, waivers or exemptions required to enter into and to perform its obligations under any Consignment Engagement.
Except as otherwise expressly provided in these Seller Terms and Conditions, Wristcheck makes no other representations or warranties, express or implied, in connection with consigning a Product with Wristcheck and Wristcheck hereby disclaims any and all implied warranties.
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Limitation of Liability
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Wristcheck disclaims any liability in respect of any third-party claims. In the event of a third-party claim, the Parties shall act in good faith and use their commercially reasonable efforts to cooperate and assist each other in the defense and/or settlement of such claim, whereas Wristcheck shall be entitled to take over the claim and assume the defense (with due observance of both Parties’ interests). Neither Party shall make any admission, consent to the entry of any judgment or enter into any compromise or settlement without the prior written consent of the other Party (which shall not be unreasonably withheld, delayed or conditioned).
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Wristcheck (its directors and employees) shall not be liable to the Seller User for any indirect, special, punitive, incidental or consequential damages or losses, whether such damages are (or alleged to be) as a result of a breach of contract, tort or otherwise. All such damages and losses are hereby expressly waived and disclaimed. Wristcheck does not guarantee the successful sale of the Product pursuant to these Seller Terms and Conditions.
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The Seller User agrees that Wristcheck’s total and aggregate liability under each Consignment Engagement shall not exceed the amount equivalent to the amount that would have been payable to the Seller User (after deducting the Commission payable to Wristcheck under the relevant Consignment Engagement) if a sale has occurred where the relevant Product was sold at the most updated Seller User Listing Price as at the date on which Wristcheck received a notice from the Seller User of its relevant claim under the Consignment Engagement.
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Confidentiality
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Each of the Parties shall (and shall procure its respective personnel shall): (i) keep the information exchanged under each Consignment Engagement (“Confidential Information”) confidential; and (ii) not use Confidential Information for any purpose other than the performance of its obligations under the Consignment Engagement. The confidential obligations shall not apply to Confidential Information which: (a) is disclosed with the prior written consent of all Parties; (b) is in the public domain at the date of disclosure other than through breach of these Seller Terms and Conditions by any Party; (c) subsequently comes lawfully into the possession of a Party from a third-party who is not under a confidential obligation; or (d) is required to be disclosed by applicable laws or regulatory authorities. The Parties agree that damages would not be an adequate remedy for any breach of this clause and the remedies of injunction, specific performance and other equitable relief are appropriate for any threatened or actual breach of any such provision and no proof of special damages shall be necessary for the enforcement of the rights under this clause.\
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This clause (Confidentiality) shall survive the expiration and/or termination of any Consignment Engagement.
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Termination
Termination by Notice
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Both Parties may terminate any Consignment Engagement, at any time and for any reason, with a forty-eight (48) hours prior notice to the other Party.
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Where the termination notice is given by the Seller User to Wristcheck, the Seller User understands and agrees that Wristcheck may still effect the sale during the aforementioned forty-eight (48) hours’ notice period. Upon expiration of the aforementioned forty-eight (48) hours, Wristcheck will send a notice to the Seller User setting out (i) the amount of Commission payable by the Seller User to Wristcheck (where the sale has occurred during such forty-eight (48) hours); (ii) the amount of fees payable by the Seller User to Wristcheck (e.g. the Early Termination Fee) (if applicable); and/or (iii) the stipulated collection deadline date by which the Seller User must (at its own costs and risks) make arrangement to collect the Product from Wristcheck (Late Collection Fee will be payable by the Seller User for any late collection).
Termination for breach
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Either Party (the “Non-Defaulting Party”) may any Consignment Engagement for breach of material terms of these Seller Terms and Conditions by the other Party (the “Defaulting Party”) where any such breach has not been remedied to the satisfaction of the Non-Defaulting Party within seven (7) business days upon issuance of a Notice by the Non-Defaulting Party to the Defaulting Party. For the avoidance of doubt, breach of any and all warranties under clause 2.5 (Representations and Warranties) shall be treated as a material breach by a Party.
Termination for bankruptcy and winding up
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Either Party may terminate any Consignment Engagement with immediate effect, without notice, where proceedings for reorganization, liquidation, bankruptcy or receivership are filed or instituted against or by the other Party.
Effect of termination and/or expiry
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Upon termination and/or expiry of a Consignment Engagement for whatsoever reason, all outstanding fees payable to a Party (as applicable) shall become immediately due and payable to the other Party.
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The termination and/or expiry of a Consignment Engagement will not prejudice the rights, obligations or liabilities of any party which have accrued or arisen before the expiry and/termination and which remain unsatisfied and will not affect any provision hereinunder which is intended to come into effect on, or to continue in effect after termination.
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Upon termination and/or expiry of a Consignment Engagement, Wristcheck will set out in the notice details of the collection deadline date by which the Seller User must (at its own costs and risks) make arrangements to collect the Product from Wristcheck (Late Collection Fee will be payable by the Seller User for any late collection).
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Shipping
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Shipping Charges
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The Seller User must (at their costs and risks) make arrangements to deliver Products to Wristcheck, unless otherwise communicated by Wristcheck in writing.
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Shipping Arrangements
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Seller User must arrange for shipping of the Products within Seven [7] Days upon being instructed by Wristcheck to deliver the Products to Wristcheck. If Wristcheck does not receive an indication of the Products being sent to Wristcheck within Seven [7] Days from the date of its aforementioned instructions to the Seller User, Wristcheck shall have the right to assume the Consignment Engagement is void and Seller User no longer wishes to proceed
with consignment and the relevant Purchase and the Seller User shall indemnify Wristcheck against all costs and damages incurred by it in relation thereto (including reasonable third party charges incurred in respect thereof). For the avoidance of doubt, the Seller User must arrange for shipping of each Product separately (i.e. each Product must be shipped to Wristcheck in separate packaging in compliance with the requirements stipulated in these Seller Terms and Conditions).
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Seller User is recommended to use an effective insurance policy to cover their shipping of Products to Wristcheck. A Product should be insured with a coverage of up to the relevant Product’s final purchase price on the Platform. For the avoidance of doubt, any shipping of a Product to Wristcheck arranged by Seller User or another party (that is not Wristcheck) will not be covered by Wristcheck’s insurance policy.
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The Seller User must arrange shipping of Products only with credible and reliable couriers (including but not limited to FedEx, Malca-Amit, Ferrari, UPS and DHL) with a shipping tracking system. Seller User is required to provide Wristcheck with an estimated delivery time and details of tracking number once shipping has been arranged.
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The Seller User must truthfully report and declare the required information, including but not limited to the invoice value and purpose of the Products, as requested by the carriers.
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The Seller User acknowledges and agrees that it is Seller User’s sole responsibility to assess and comply with all applicable customs declarations and/or pay additional fees to the customs authority for the Product(s) and/or the materials incorporated in the Product(s). Wristcheck shall not be liable for any customs declarations and/or payments related to Seller User's Product(s), including but not limited to import duties, taxes, or any other fees imposed by the customs authority.
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Wristcheck will not be liable for any delay in delivery of Products (when applicable) that is caused by a Force Majeure Event or the failure of Seller User to provide Wristcheck with adequate delivery instructions.
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When Products are returned via shipping, a signature is required for receipt of the Products by an adult (aged 18 years or over, or the legal age as applicable to Seller User’s countries’ jurisdiction) upon receiving the parcel (whether the Seller User or a member of the household of the Seller User). If Seller User cannot be contacted, or were not there to receive or pick up the order, it shall be Seller User’s responsibility to contact their local courier to arrange for a re-delivery or pickup, and Seller User shall indemnify Wristcheck against all costs and damages incurred by Wristcheck in relation thereto (including a reasonable daily storage fee or any other reasonable third-party charges incurred in respect thereof). If the carrier fails to deliver the order (after an acceptable number of failed attempts, at the discretion of said carrier), Seller
User will be responsible for all costs related to re-delivery, storage or any other costs incurred by the carrier. Upon a failed delivery attempt, the carrier may leave a note or calling card for Seller User to re-arrange delivery, if no-one is available upon delivery attempt. Alternatively, Seller User may need to pick up the Products from the local delivery office or service stations with adequate proof of identity.
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The Seller User is encouraged to ensure that all Products are professionally wrapped for shipping. Below are some packing requirements which Seller User is suggested to comply with when packing and sending their Products to Wristcheck. If the Seller User is based in Hong Kong, they are encouraged to drop off the Product(s) at Wristcheck’s boutique in The Landmark, Central, Hong Kong.
Disclaimer: Please note that these are only suggestions and Wristcheck is not responsible for any damages even after following the steps listed.
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Use a plain and sturdy cardboard box (not branded packaging) to ship the Products by sealing it carefully with duct tape.
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If a packaging is reused for shipping Products to Wristcheck, the Seller User is encouraged to remove all hazmat warnings, labels, and stickers from the packaging to avoid unnecessary delays.
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Wrap the Product and all accessories safely and securely with bubble wrap to avoid scratches and damage during shipping.
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It is suggested to pack items by bubble- wrapping all of Product’s accessories in the cardboard box – its original box, papers and any other parts that it came with upon purchase.
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If the Product’s strap or any of its accessories contain exotic skins, it is suggested to ship these in a separate package.
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Mark the outside of the packaging with a small mark for identification. The mark must not be obvious to others (e.g. use initials or tracking number or other unique identifier). Tape the shipping label to the outer packaging.
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Mark the unique consignment ID clearly inside the carton box. It is recommended to mark this on a piece of paper or post-it, or mark it directly on the inside of the carton box to allow Wristcheck Logistics team to quickly identify the consignment and avoid confusion.
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Wristcheck currently only accepts shipments of Products by the Seller User from the following countries or regions (list of which may be amended by
Wristcheck from time to time without advance notice): Anguilla, Antigua, Aruba, Australia, Austria, Bahamas, Bahrain, Barbuda, Belgium, Bermuda, Bonaire, British Virgin Island, Brunei, Canada, Cayman Islands, Chile, Cyprus, Denmark, Faeroe Islands, Finland, France, French Polynesia, Germany, Gibraltar, Greece, Grenada, Guam, Hong Kong, Hungary, Ireland, Italy, Jamaica, Japan, South Korea, Liechtenstein, Luxembourg, Macau, Malaysia, Mauritius, Monaco, Montserrat, Netherlands (Holland), New Zealand, Norway, Panama, Philippines, Poland, Portugal, Puerto Rico, Qatar, Saudi Arabia, Seychelles, Singapore, Spain, Sri Lanka, St. Barthelemy, St. Kitts And Nevis, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, Trinidad And Tobago, U.S Virgin Islands, United Arab Emirates, United Kingdom, United States, Vietnam.
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Wristcheck currently does not accept shipments of Products by the Seller User from the following countries or regions (list of which may be amended by Wristcheck from time to time without advance notice):Antarctica, Argentina, Armenia, Azerbaijan, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Indian Ocean Territory, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Christmas Island, Cocos (Keeling) Islands, Colombia, Comoros, Congo, Congo, The Democratic Republic Of The, Cook Islands, Costa Rica, Côte D'Ivoire, Croatia, Cuba, Curaçao, Czech Republic, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands (Malvinas), Fiji, French Guiana, French Southern Territories, Gabon, Gambia, Georgia, Ghana, Greenland, Guadeloupe, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard and McDonald Islands, Holy See (Vatican City State), Honduras, Iceland, India, Iran, Islamic Republic Of, Iraq, Isle of Man, Israel, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Korea, Democratic People's Republic Of, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Lithuania, Republic of North Macedonia, Madagascar, Malawi, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mayotte, Mexico, Micronesia, Federated States Of, Moldova, Republic of, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands Antilles, New Caledonia, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Northern Mariana Islands, Oman, Pakistan, Palau, Palestine, State of, Papua New Guinea, Paraguay, Peru, Pitcairn, Réunion, Romania, Russian Federation, Rwanda, Saint Helena, Saint Martin, Saint Pierre And Miquelon, Samoa, San Marino, Sao Tome and Principe, Senegal, Serbia, Sierra Leone, Sint Maarten (Holland), Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia and the South Sandwich Islands, South Sudan, Sudan, Suriname, Svalbard And Jan Mayen, Eswatini, Syrian Arab Republic, Tajikistan, Tanzania, United Republic of, Timor-Leste, Togo, Tokelau, Tonga, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United States Minor Outlying Islands, United States (non-48 contiguous states & not included in the above ship-to list), United States Military addresses (APO, FPO, DPO with the zipcode being AE, AA, AP), Uruguay, Uzbekistan, Vanuatu, Venezuela, Bolivarian Republic of, Wallis and Futuna, Western Sahara, Yemen, Zambia, Zimbabwe.
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The Seller User is recommended to ensure all delivery and shipping details provided to Wristcheck with the shipment are true and correct and must provide updated delivery progress notifications to Wristcheck. Wristcheck will not be liable for being unable to receive the Product in any event. If the Seller User cannot receive the relevant Products as a result of Seller User being unreachable (including but not limited to where contact details provided to Wristcheck are inaccurate or incomplete), it shall be the Seller User’s responsibility to contact Wristcheck to re-arrange for a delivery. Seller User shall indemnify Wristcheck against all costs and damages incurred by Wristcheck in relation thereto (including a reasonable daily storage fee or any other reasonable third-party charges incurred in respect thereof).
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Where applicable, if Wristcheck cannot receive the relevant Products, it shall be the Seller User’s responsibility to re-arrange for a delivery at the Seller User’s own costs.
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Pickup
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Seller User may choose to have the Products picked up by Wristcheck. Seller User must arrange for pickup of the Products within Seven [7] Days upon being instructed by Wristcheck to hand over the Products to Wristcheck’s appointed carrier. If Wristcheck does not receive an indication of the pickup being arranged by Wristcheck within Seven [7] Days from the date of its aforementioned instructions to the Seller User, Wristcheck shall have the right to assume the Consignment Engament is void and Seller User no longer wishes to proceed with consignment and the relevant Purchase and the Seller User shall indemnify Wristcheck against all costs and damages incurred by it in relation thereto (including reasonable third party charges incurred in respect thereof). For the avoidance of doubt, the Seller User must arrange for pickup of each Product separately (i.e. each Product must be picked up Wristcheck in separate packaging in compliance with the requirements stipulated in these Seller Terms and Conditions).
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Wristcheck will arrange credible and reliable carriers (including but not limited to FedEx, Malca-Amit, Ferrari, UPS and/or DHL) to pick up the Products from Seller User (where applicable). Seller User shall ensure all pickup information (including but not limited to pickup address, postcode, contact name, company name, contact number, email address, as applicable) provided to Wristcheck is correct and accurate for pickup arrangements.
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Wristcheck shall have an effective insurance policy to cover pickup of Products arranged by Wristcheck. Typically a Product will be insured with a coverage of up to the relevant Product’s full value.
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The Seller User may be required to present the carrier the confirmation email and an adequate proof of identity at the reserved pickup time slot (as applicable). Seller User have the right to appoint an authorized person to hand over the Products on their behalf, and must present the purchase confirmation email along with adequate proof of valid identity and a duly signed written authorization form (to be requested from Wristcheck at least 24 hours in advance of pickup time by emailingconcierge@wristcheck.comand signed by Seller User and the authorized person).
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Prior to pickup, it is recommended for Seller User to clearly mark the unique consignment ID in the inside of the carton box inner box or on a piece of paper or post-it to allow Wristcheck to quickly identify the consignment and avoid confusion.
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The Seller User acknowledges and agrees that it is Seller User’s sole responsibility to assess and comply with all applicable customs declarations and/or pay additional fees to the customs authority for Wristcheck to pick up the Product(s) and/or the materials incorporated in the Product(s). Wristcheck shall not be liable for any customs declarations and/ or payments related to Seller User's Product(s), including but not limited to import duties, taxes, or any other fees imposed by the customs authority.
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The Seller User must ensure that all Product and its accessories are adequately wrapped and handed over to Wristcheck’s appointed carrier at the time of the pickup time slot (as applicable). If Seller User is based in Hong Kong, they are encouraged to drop off the Product(s) at Wristcheck’s boutique in The Landmark, Central, Hong Kong.
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Taxes
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For the purpose of these Seller Terms and Conditions, “Taxes” means all forms of taxation, withholdings, duties, imports, levies, rates imposed, assessed or enforced by any local, municipal, governmental or other body or authority in Hong Kong or elsewhere, in all cases being in the nature of taxation, and any related interest, penalty, surcharge or fine.
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The Seller User is responsible and liable for the payment and remittance of any Taxes relating to the fees and any other payments payable to Wristcheck under these Seller Terms and Conditions. Any and all such payments shall be made in cleared funds, without any deduction or set off and free and clear of any Taxes, bank transfer administration costs, currency exchange charges and withholdings of any nature now or hereafter imposed by governmental, fiscal or other authority. If any sum payable by the Seller User to Wristcheck under these Seller Terms and Conditions shall be subject to such deduction or set off, such payment shall be increased by such amount as shall
ensure that after deduction or set off, Wristcheck shall have received an amount equal to the payment otherwise required to be made by the Seller User.
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Miscellaneous
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Nothing contained or implied herein shall constitute or be deemed to constitute a partnership or joint venture between the Parties.
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Except with the prior written consent of the other Party, either Party shall not be entitled to assign or transfer the benefit or burden of any provision herein. A person who is not a Party shall have no rights under the Contracts (Rights of Third Parties) Ordinance (Cap 623 of the laws of Hong Kong, as amended from time to time) to enforce any term contained herein.
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These Seller Terms and Conditions may be updated by Wristcheck from time to time and the latest effective version will be available on Wristcheck’s website. Wristcheck will notify the Seller User of any updates by email. The changes to these Seller Terms and Conditions shall apply on the date specified in the email. If the Seller User does not accept the revised version, the Seller User shall refrain from consigning any Products with Wristcheck and shall terminate all the then effective Consignment Engagements within (3) days from the said email pursuant to clauses 2.8.1-2.8.2 (Termination by Notice). Notwithstanding any provisions contained herein to the contrary, the Seller User shall not be charged with any early termination fees, provided that the Seller User specifies in the termination notice that he/she terminates the Consignment Engagement(s) due to the changes of these Seller Terms and Conditions.
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Any notice, demand or other communication so addressed to the Seller User shall be deemed to have been delivered when sent (with confirmation that the same has been transmitted to the Seller User’s registered email address with Wristcheck) and any notice, demand or other communication so addressed to Wristcheck shall be deemed to have been delivered when sent (with confirmation that the same has been transmitted toconcierge@wristcheck.com). The Seller User shall inform Wristcheck as soon as possible on the change of his/her registered email address.
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If any provision in these Seller Terms and Conditions is for any reason held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision of these Seller Terms and Conditions, but, rather, such invalid or unenforceable provision shall be enforced to the fullest extent permitted by law.
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These Seller Terms and Conditions (and any Consignment Engagement) shall be governed by the laws of Hong Kong. The Parties hereby agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.
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Latest effective date: 2024.05.10