Buyer Terms

Terms Applicable to Buyers

1. Definitions

1.1 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

1.2 By placing an Order on the Platform, the Buyer enters into a legally binding agreement with the Seller, on these Buyer’s Terms.

1.3 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

2.1 The Fifth Collection is the independent manager of the Platform.

2.2 The Fifth Collection’s responsibilities include, but are not limited to Curation, Verification and the fulfilment Orders.

2.3 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.

2.4 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.

2.5 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

3.1 The Buyer should carefully read the Product Listing before placing an Order.

3.2 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.

3.3 With the exception of Sale Items, the Buyer may request to cancel an Order or Products within that Order for up to 24 hours from payment as long as the Order has not yet shipped. Cancellation will be subject to a Cancellation Fee of SGD20 or 3% of the Order value, whichever is greater, to be deducted from the amount refunded. Sale Items may not be cancelled once an Order is completed.

3.4 Any request for cancellation by the Buyer, once acknowledged by The Fifth Collection, shall be final and non-reversible.

3.5 The Buyer acknowledges that The Fifth Collection is entitled to cancel any Order, or cancel any Products therein, for any reason whatsoever. If the cancellation is due to any suspected abuse or due to the customer's unwillingness to cooperate with security verification protocols, the standard Cancellation Fee will apply, otherwise no cancellation fee shall apply.

4. Payments

4.1 All payments from the Buyer shall be paid (1) by debit card or credit card payment processed by the Stripe payment platform; (2) in certain countries, local payment options will be available such as payment by PayNow in Singapore processed by the Omise payment platform using your mobile banking app or compatible apps such as Paylah. (3) in certain countries, by instalment payment processed by the Pace payment platform;

4.2 If paying with debit card or credit card via Stripe, the Buyer agrees to be bound by Stripe's Terms of Service

4.3 If paying with Paynow, the Buyer agrees to be bound by the terms and conditions of the PayNow compatible application used to complete the PayNow payment as well as Omise's Terms of Service

4.4 If paying with Pace, the Buyer agrees to be bound by Pace's Terms of Service

5. Transfer of Ownership

5.1 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").

5.2 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

6.1 For Buyers in Singapore, The Fifth Collection shall endeavour to deliver the Product to the Buyer (the “Delivery”). The Buyer shall provide delivery address and contact number during checkout, as well as select their preferred delivery service and delivery timing (the "Delivery Time").

6.2 If The Fifth Collection attempts the Delivery during Delivery Time and is unable to complete it through no fault of its own, including but not limited to the Buyer or its assign not being present or available to take receipt as mutually agreed, the Delivery will be deemed a "Failed Delivery" and The Fifth Collection will hold the Product pursuant to Clause 7 of these Buyer’s Terms. The Buyer may request redelivery after a Failed Delivery by paying a redelivery fee of $20 and rescheduling a new Delivery Time.

6.3 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 when the shipment is indicated as delivered on the international courier's tracking software. Date of Delivery shall be as indicated on the international courier's tracking software, or if such date is not provided, the expected delivery time indicated on the Shipment Confirmation shall be the delivery date of record.

6.4. The international courier will attempt to deliver the Product to the Buyer, including contacting the Buyer to reschedule is Delivery fails. If Delivery is not completed within one (1) month from the date of order, the product will be shipped back to The Fifth Collection where it will be held pursuant to Clause 7 of these Buyer’s Terms.

6.5 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.

6.6 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 for both the outbound and inbound shipments and is irrespective of any amounts shown on the Order Confirmation or Invoice. The Fifth Collection further reserves the right to bill you, or deduct from the remaining refund amounts, any additional amounts such as charges, penalties or other fees incurred as a direct or indirect result of a return of the Product; this includes taxes, duties or penalties that may be required by the import authority of the destination country to release the Product for return to The Fifth Collection. Finally, your refund will be subject to an international delivery failure fee of SGD20 or 3% of the Order value, whichever is greater, also to be deducted from the amount refunded.

6.7 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

7.1 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 Fifth Collection is not able to complete Delivery as per clause 6.2, resulting in a Failed Delivery

(c) the Buyer does not pay any fees that The Fifth Collection is entitled to charge under the Buyer’s Terms

7.2 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.

7.3 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.

7.4 If The Fifth Collection has not been notified regarding the return of the Product to the Owner or has not received all applicable payments 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

8.1 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.

8.2 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”) and The Fifth Collection must approve the Return Notification (the "Return Approval"). 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.

8.3 The Buyer must complete the return of the Product (the "Return Completion") during the period starting on the Return Approval date and ending seven calendar days following the date of the Return Approval (the "Return Completion Period"). For the avoidance of doubt, if the Return Approval 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.

8.4 For local customers, Return Completion means successfully returning the product to The Fifth Collection by scheduling a free pick up. For the avoidance of doubt, just as with Failed Delivery, if the free pick up fails through no fault of The Fifth Collection, including but not limited to the Buyer or its assign not being present or available at the time of collection as mutually agreed, the Delivery will be deemed a "Failed Return Collection". The Buyer may request a new collection by paying a recollection fee of $20 and rescheduling a new collection. 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.

8.5 The Return Notification can include one or multiple Products from the same Order. Only one Return Notification will be accepted per Order; this Returns and Refunds policy will not apply to any subsequent Return Notifications for the same order. Only the Products itemized in the original Return Notification will be accepted for return and refund under this policy; additional Products returned to us but not included in the original Return Notification, or not eligible for return for any other reason, will be returned to the customer at their expense and subject to an administrative charge of SGD20 per item, pending payment of which such Products will be considered Products Held by The Fifth Collection and subject to Clause 7 of these Buyer’s Terms.

8.6 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. If the item was reserved by the Buyer prior to completing the Order, the Order date will be deemed to be the date that the item was reserved and not the date that the Order was completed.

8.7 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.

8.8 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 6.6.

8.9 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.

8.10 Notwithstanding any of the above, the Buyer acknowledges and agrees that all Products purchased at discount during our sales are not eligible under this Returns and Refunds policy.

8.11 The spirit of our generous policy is to make online shopping as enjoyable as possible for the vast majority of our customers. Nevertheless, we monitor for abuse of our return and refund policy and reserve all rights to cancel transactions, selectively close accounts and refuse future orders if abuse is detected.

9. Authenticity Guarantee

9.1 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.

9.2 The Buyer may assert the inauthenticity of an item by contacting The Fifth Collection in writing. If the assertion is deemed substantive, the The Fifth Collection will collect the Product to investigate in good faith. A substantive assertion shall be defined as based on written evidence from a credible source such as the brand owner or another internationally reputable commercial organization specialized in secondhand branded luxury.

9.3 As part of its investigation, The Fifth Collection will review all the information available and provided, will subject the Product to its own authentication process and technology, and may consult with relevant experts to arrive at a final good faith determination.

9.4 The Buyer understands and acknowledges that The Fifth Collection may require an indefinite amount of time to investigate any assertion and arrive at a determination.

9.5 The Fifth Collection's determination will be final. 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.

9.6 The Authenticity Guarantee is personal to the Buyer and may not be transferred either by contract or by law.

9.7 The Buyer acknowledges that all items are pre-owned and consigned to The Fifth Collection, and that no brand owner has any association and/or affiliation with The Fifth Collection.

10. Other Payments

10.1 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.

10.2 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.

10.3 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

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").

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

12.1 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

13.1 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

14.1 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

15.1 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

16.1 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

17.1 All personal data about the Buyer is subject to The Fifth Collection's Privacy Policy https://www.thefifthcollection.com/privacy.

17.2 The Privacy Policy is deemed incorporated into the Buyer’s Terms by reference to this Clause.

18. Exclusion of Liability

18.1 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

19.1 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: 22 October, 2020