Buyer Terms | THE FIFTH COLLECTION

Buyer Terms

TERMS APPLICABLE TO BUYERS

  1. DEFINITIONS

    1. In the Terms, each of the following expressions has the following definitions:

      "Buyer" means a Registered User who has placed an Order on the Platform;

      "Buyer’s Terms" means the terms of this agreement;

      "Curation" means the service provided by The Fifth Collection of vetting Products and Product Listings before they are listed for sale on the Platform with the goal of ensuring overall fit and consistency;

      "Order" means an order placed by the Buyer on the Platform;

      "Parties" means the Buyer and the Seller;

      "Platform" means the online platform that is managed by The Fifth Collection and provided on the Website;

      "Price" means the price of the Product as it appears on the Platform to the Buyer;

      "Product" means the product that is intended for sale on the Platform or that, pursuant to an Order, is sold to the Buyer on the Platform;

      "Product Listing" means the information, photographs and description of a Product listed on the Platform, including information about condition and size;

      "Registered User" means a user who has a registered account on the Website, including a temporary registered account created for purposes of a guest checkout;

      "Seller" means the owner of the Product until Confirmation Notice (as defined in Clause 5);

      "The Fifth Collection" means The Fifth Collection Pte Ltd;

      "Verification" means the service provided by The Fifth Collection before Confirmation Notice to verify that the Product is consistent with the Product Listing, and that the Product is not counterfeit or stolen merchandise;

      "Website" means www.thefifthcollection.com

    2. By placing an Order on the Platform, the Buyer enters into a legally binding agreement with the Seller, on these Buyer’s Terms.
    3. The Buyer acknowledges that the Buyer is bound by the Terms of Service of the Website, as well as these Buyer’s Terms.
  2. ROLE OF THE FIFTH COLLECTION

    1. The Fifth Collection is the independent manager of the Platform.
    2. The Fifth Collection’s responsibilities include, but are not limited to Curation, Verification and the fulfilment Orders.
    3. The Fifth Collection is deemed to be an agent of the Seller until the Confirmation Notice (as defined in Clause 5). As an agent of the Seller, the Seller has granted to The Fifth Collection the requisite authority to carry out the steps that are necessary to complete the transaction with the Buyer.
    4. The Fifth Collection is deemed to be an agent of the Buyer from the Confirmation Notice. As an agent of the Buyer, the Buyer has granted to The Fifth Collection the requisite authority to carry out the steps that are necessary to complete the transaction with the Seller.
    5. The Buyer understands that at no time during the sales process is The Fifth Collection the owner of the Product.
  3. PLACEMENT OF AN ORDER

    1. The Buyer should carefully read the Product Listing before placing an Order.
    2. The Order is an offer by the Buyer to enter into a binding contract with the Seller for the sale and purchase of the Product, incorporating the Buyer’s Terms. The Buyer acknowledges that The Fifth Collection is entitled to cancel the Order for any reason.
    3. The Fifth Collection reserves the right to refuse an Order from a Buyer with whom a dispute exists regarding the payment of a previous Order, or for a Product for which a material error has been made as regards to its Price or for any other reason.
  4. PAYMENTS

    1. All payments from the Buyer shall be paid (1) by debit card or credit card payment processed by the Stripe payment platform or by the PayPal payment platform; (2) by PayPal payment processed by the PayPal payment platform using a PayPal account; or (3) by instalment payment processed by the hoolah payment platform
    2. To pay using a PayPal account, the Buyer will need to create a PayPal account directly with PayPal.
    3. If paying with PayPal, the Buyer agrees to be bound by PayPal's Terms of Service
    4. If paying with hoolah, the Buyer agrees to be bound by hoolah's Terms of Service
  5. TRANSFER OF OWNERSHIP

    1. Upon placement of an Order and receipt of payment from the Buyer, The Fifth Collection shall immediately notify the Buyer accordingly via electronic mail (the "Confirmation Notice").
    2. The Confirmation Notice may be titled “Order Confirmation”, “Order Summary”, “Invoice”, or “Receipt” and shall serve as confirmation that the ownership and risks in the Product have transferred to the Buyer.
  6. LOCAL DELIVERY & INTERNATIONAL SHIPMENT

    1. For Buyers in Singapore, The Fifth Collection shall deliver the Product to the Buyer (the “Delivery”). The Fifth Collection shall contact the Buyer by phone or email to confirm a time for Delivery and send confirmation by email (the “Delivery Confirmation”).
    2. If The Fifth Collection is not able to confirm a time for Delivery and therefore cannot send the Delivery Confirmation, The Fifth Collection will hold the Product pursuant to Clause 7 of these Buyer’s Terms.
    3. For Buyers outside of Singapore, The Fifth Collection will ship the Product to the Buyer by international courier to the address provided at the time of Order (the “Shipment”). The Fifth Collection will send to the Buyer by email the Shipment information (the “Shipment Confirmation”) including, when available, tracking information and expected delivery time. "Delivery" shall be deemed to have taken place as indicated on the international courier's tracking software, failing which the expected delivery time indicated on the Shipment Confirmation shall be used.
    4. All import duties, customs and local sales taxes levied by the country of destination shall be the responsibility of the Buyer. Import duty or tax costs will be invoiced to you directly by the shipping provider or its assigns, and payment of these is necessary to release the Product from customs on arrival.
    5. Should you be unwilling to pay import duty or tax costs, or otherwise fail to take the steps necessary to release the Product from customs or any other import authority on arrival such that the Product is returned to sender, The Fifth Collection will deduct the cost of return shipping (outbound and inbound) from any refund amounts. For the avoidance of doubt, the cost of return shipping is the amount billed to The Fifth Collection by the international courier irrespective of the amount shown on the Order Confirmation or Invoice.
    6. The Buyer warrants that it has provided The Fifth Collection with all accurate and complete information necessary for The Fifth Collection to deliver or ship the Product to it. Such information shall include, without limitation, the Buyer's name, delivery address, and contact number. The Buyer agrees that The Fifth Collection shall not be responsible to the Buyer in the event that any of the information provided by the Buyer is incorrect.
  7. PRODUCT HELD BY THE FIFTH COLLECTION

    1. The Fifth Collection may, under certain circumstances, remain in possession of a Buyer’s Product. This may happen, for example, if:
      • (a) the Buyer has requested that The Fifth Collection hold a Product for future delivery (“Hold For Future Delivery”)
      • (b) the Buyer does not give Delivery Confirmation or gives delayed Delivery Confirmation
      • (c) the Buyer gives Delivery Confirmation but the address provided by the Buyer is incorrect or not in use, and The Fifth Collection is unable to deliver the Product to the Buyer
      • (d) the Buyer does not pay any fees that The Fifth Collection is entitled to charge under the Buyer’s Terms
    2. In all the above cases, or any other case where The Fifth Collection is unable to deliver the Product to its rightful owner, the Product shall be kept by The Fifth Collection at its premises for a period of three (3) months from the date of Order. During this period, the Product is kept at its owner's disposal, and at such owner's risk.
    3. In the event that the owner wishes to retrieve its Product from The Fifth Collection, it may do so by notifying The Fifth Collection accordingly. If applicable, The Fifth Collection shall notify the owner of any handling and administrative fees, and/or delivery charges payable for delivery of the Product to the owner. Following receipt of such payment, The Fifth Collection shall undertake to deliver the Product back to the owner.
    4. If The Fifth Collection has not been notified regarding the return of the Product to the Owner for more than three (3) months, The Fifth Collection shall acquire title to the Product. The Fifth Collection shall be entitled, at its own discretion, to destroy the Product, give the Product to charity, or to sell the Product.
  8. RETURNS & REFUNDS

    1. The Buyer has the right to return any Product for any reason within the timeframe provided below, as long as the item is unworn, the packaging is not damaged and all tags are intact.
    2. To return a Product, the Buyer must notify The Fifth Collection (the "Return Notification") within seven calendar days following the date of Delivery (the “Return Notification Period”). For the avoidance of doubt, if Delivery is made on the first day of the month, the last day of the Return Notification Period will be the eighth day of the same month.
    3. The Buyer must complete the return of the Product (the "Return Completion") within seven calendar days following the date of Return Notification (the "Return Completion Period"). For the avoidance of doubt, if the Return Notification is made on the first day of the month, the last day of the Return Completion Period will be the eighth day of the same month.
    4. For local customers, Return Completion means successfully returning the product to The Fifth Collection, whether by scheduling a free pick up by The Fifth Collection or by dropping off the items at our offices. For international customers, Return Completion means that the Product has been collected or received by our designated international courier for free return shipping to us.
    5. The Return Notification can include one or multiple Products from the same Order, but only one Return Notification will be accepted per Order. Only the Products itemized in the Return Notification will be accepted. Subsequent Return Notifications for the same order, if any, will be subject to a charge to be deducted from the Buyer's refund as follows: for subsequent local returns, the charge will be SGD20 per item; for subsequent international returns the charge will be the actual cost of return international shipping.
    6. In any event, including in the case of Hold For Future Delivery, the period from the Order date to the last day of the Return Completion Period (the "Maximum Return Period") will not exceed twenty calendar days following the Order date. For the avoidance of doubt, if the Order is made on the first day of the month, the last day of the Maximum Return Period will be the twenty-first day of the same month.
    7. Upon successful receipt of the Return Notification Products in our offices, The Fifth Collection will inspect the Products and verify that the Products meet the requirements described in 8.1. If the inspection is satisfactory, The Fifth Collection will then process the refund to Buyer immediately via the original payment method. Refund processing by the third party payment solutions provider can take up to three business days.
    8. For international returns, return shipping cost shall be borne by The Fifth Collection and will not be deducted from the refund amount, except in the case of return for non-payment of import duties and taxes as described in clause 6.5.
    9. By not returning a Product, or by failing to return a Product as per the conditions of these Buyer's Terms, the Buyer agrees that the sale is final, subject to the Authenticity Guarantee.
  9. AUTHENTICITY GUARANTEE

    1. The Fifth Collection guarantees that any Product delivered to the Buyer is not counterfeit (the “Authenticity Guarantee”). A counterfeit Product shall be defined as an imitation of the branded Product described in the Product Listing. The Authenticity Guarantee relates solely to expressly stated information about the Product’s brand.
    2. The Buyer may assert the inauthenticity of an item against The Fifth Collection at any time by contacting The Fifth Collection in writing.
    3. The Fifth Collection will collect the Product to investigate and make a final determination. If the Product is confirmed to be the same one delivered to the Buyer and is determined to be counterfeit, The Fifth Collection will refund the Buyer in full.
    4. The Buyer understands and acknowledges that The Fifth Collection may require an indefinite amount of time to investigate any assertion. To facilitate the process, the Buyer is encouraged to provide any official supporting documentation, such as a letter from the brand owner certifying the Buyer’s assertion. The Fifth Collection will review all the information available and provided, including subjecting the Product to its own authentication process and technology, and make a final determination in good faith.
    5. The Authenticity Guarantee is personal to the Buyer and may not be transferred either by contract or by law.
  10. OTHER PAYMENTS

    1. In the event that the Buyer is required to make any payment to The Fifth Collection that is not pursuant to an Order, The Fifth Collection will provide an invoice with instructions on how to effect payment.
    2. Cheques will be accepted if received, but The Fifth Collection shall not be responsible for any cheques that are lost in transit and payment will not be considered complete unless the cheque has been cashed.
    3. No Party shall send, via post, cash to The Fifth Collection. The Fifth Collection shall not be liable if such cash is lost in transit.
  11. FORCE MAJEURE

    1. The Fifth Collection will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Buyer’s Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat or terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, or failure of public or private telecommunication networks (a "Force Majeure Event").
    2. In the event of a Force Majeure Event that affects the performance of our obligations under the Buyer’s Terms, we will contact you as soon as reasonably possible to notify you, and our obligations under the Buyer’s Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event.
  12. NOTIFICATIONS

    1. All notifications set out in the Buyer’s Terms shall be sent by The Fifth Collection via email to the email address associated with Buyer as provided on the Website at the time of Order.
  13. ASSIGNMENT

    1. The Fifth Collection may transfer its rights and obligations under the Buyer’s Terms to another organisation, but this will not affect the rights of the Buyer or The Fifth Collection's obligations to the Buyer under the Buyer’s Terms.
  14. THIRD PARTY RIGHTS

    1. Nothing in the Buyer’s Terms shall be deemed to create any right or obligation in anyone not a party hereto and the Terms shall not be construed in any respect to be a contract or agreement in whole or in part for the benefit of or binding upon anyone not a party hereto.
  15. SEVERANCE

    1. Each of the Clauses of the Buyer’s Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses will remain in full force and effect.
  16. WAIVER

    1. If The Fifth Collection fails to insist that the Buyer performs any of its obligations under the Terms, or if The Fifth Collection does not enforce its rights against any the buyer, or if The Fifth Collection delays in doing so, that will not mean that The Fifth Collection has waived its rights against the Buyer and will not mean that the Buyer does not have to comply with those obligations. If The Fifth Collection does waive a default by the Buyer, it will only do so in writing, and that will not mean that The Fifth Collection will automatically waive any later default by the Buyer.
  17. DATA PROTECTION

    1. All personal data about the Buyer is subject to The Fifth Collection's Privacy Policy https://www.thefifthcollection.com/privacy.
    2. The Privacy Policy is deemed incorporated into the Buyer’s Terms by reference to this Clause.
  18. EXCLUSION OF LIABILITY

    1. The Fifth Collection will under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Buyer’s Terms for any direct or indirect damages, including without limitation:
      • • any loss of profits, sales, business, or revenue; loss of business opportunity; loss of anticipated savings; loss of goodwill; or
      • • or any indirect or consequential loss, whether or not The Fifth Collection has been advised of the possibility of such damages that may be claimed to be incurred by the Buyer as a result of, or arising of The Fifth Collection's investigation of the Product or our disclosures to third parties or the public of the results of such investigations.
  19. GOVERNING LAW AND JURISDICTION

    1. These Buyer’s Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.

Last Modified: 29 August, 2018