Terms & Conditions

MAIA LUXURY LIMITED

(trading as ‘Bags of Luxury’)

TERMS & CONDITIONS OF SALE (‘CONDITIONS’)

We source and sell second-hand authentic Hermès handbags (the “Products”). Most of our Products are unused and in pristine condition, as further detailed on our website. We are an independent business. We do not have any partnership, agency, affiliation, association, endorsement or other relationships with Hermès group or any of its associated companies or partners.

These terms and conditions (the “Conditions”) are the terms on which we sell the Products to you. Please read these Conditions carefully before you pay for the Products. Your payment for the Product (in whole or in part) constitutes your agreement to be bound by these Conditions. These Conditions (and any other documents referred to herein including without limit the Order Confirmation (as defined below)) form a legally binding agreement between you and us at the point our Acceptance (as defined below).

These Conditions set out important information about your and our rights and obligations as well as certain key information required by law.

For further information of your key rights as a consumer please visit the Citizens Advice website: www.citizensadvice.org.uk or call Citizens Advice on 03454 04 05 06.

Introduction
1. These Conditions apply to all Product Orders and sales and are entered into between: (A) Maia Luxury Limited (trading as ‘Bags of Luxury’), a company incorporated in England and Wales (company number 07071536) with its registered office at 4 Old Park Lane, Mayfair, London, W1K 1QW England (references to ‘us’, ‘we’ or ‘our’ in these Conditions are to Maia Luxury Limited) and (B) the individual placing an Order for the Products with us (‘you’; and the term ’your’ or ‘yours’ shall be construed accordingly).
2. Nothing in these Conditions or any statement appearing on our website affects your statutory legal rights under applicable law in so far as such rights cannot be lawfully limited or excluded.
3. You can contact us by:

Your privacy and personal information
1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in accordance with our Privacy Policy available on our website at https://www.bagsofluxury.com/privacy-policy/
2. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Basis of sale
1. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. You acknowledge and agree that you have read these Conditions in full before paying for the Products.
2. You can contact us to discuss the key information using the Contact Details in clause 1.3.
3. The key information we give you by law forms part of the contract between you and us.
4. Under these Conditions, we agree to sell the Products to you for your personal use only. None of the Products sold under these Conditions are supplied for resale or distribution.
5. No variation to these Conditions or change to any key information shall be made after a legally binding contract between you and us has been formed, unless agreed and evidenced in writing signed by you and us.
6. We take authenticity seriously. We go through a vigilant process to check and vet the Products before they are offered for sale. Upon request, we will collaborate with reputable third-party authentication services to provide a thorough examination and verification of any requested Product before they are sold, to demonstrate that we have taken steps to ensure that they are authentic and that their descriptions are accurate. However, all statements given by us as to the authenticity, description, materials used, age, or condition of Products constitute our opinion or opinions of the producer only and are not warranted by us (save that this shall not operate so as to exclude any liability on our part for misrepresentation). Neither we, nor the expert authenticators affiliated with us, are endorsed by any of the brands sold on www.bagsofluxury.com. The authentication services are provided independent of the brands sold on www.bagsofluxury.com.
7. We acknowledge that certain terms, logos, slogans, product names and symbols associated with Hermès are protected trademarks. While we may describe Hermès products accurately, we do not claim exclusive rights to use any Hermès’ trademarks. Any use of Hermès’ trademarks in our listings is strictly for descriptive purposes and does not imply an official partnership or endorsement.

Ordering process
1. To place an order for Product(s) on the website (“Order”), you should click the ‘pay now’ button at the end of the checkout process.
2. Your Order constitutes an offer to Us to purchase the Product(s). All Orders are subject to availability and to acceptance by us. The contract for purchase of the Product is formed when we send you an email confirming your Order (‘Order Confirmation’).
3. If you do not receive an Order Confirmation please check your junk email or email account settings. If you have still not received any email from us, please contact us using the Contact Details in clause 1.3.
4. By placing an Order you agree to be legally bound by these Conditions.
5. We may keep records of Orders received, acknowledgements and other contract records for a reasonable period after Acceptance to meet our legal obligations. We may be able to provide you with copies of these on written request; however you must make sure you print a copy of all such documents and keep these Conditions for your own records.

Your representations
1. You represent that:
  1. all information provided by you (including your contact details) when placing your Order is true, up-to-date, accurate in all respects and at all times and sufficient for us to complete your Order;
  2. you are over 18 years of age;
  3. you have legal capacity to enter into a binding contract with us; and
  4. you are the holder of a valid credit or debit card that is used to make the purchase
2. Unless we agree otherwise in writing, any warranties or other undertakings provided by us in relation to the Products that you purchase are given on the basis that you are acting as a consumer. The Products are offered and supplied for personal use only and are not for resale or distribution. If you intend to resell the Product, are an established reseller or distributor you should contact us separately to transact on that basis.

Price and terms of payment
1. The price of the Product will be the price stated on the website at the time you place your Order except in the case of obvious error. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced online. If this is the case we will notify you of the change in price by email and you will be able to cancel your order if you do not accept the new updated price.
2. Prices on the website are displayed in GBP (£). If you choose to pay using a payment card with a currency denominated account that is different from the currency of your Order, additional charges and foreign exchange differences may apply.
3. Subject to clause 6.4 below, the Product(s) may be bought on a margin scheme for second hand goods or otherwise and thus can be exempt or subject to VAT, as the case may be.
4. Unless otherwise specified by us and subject to clause 7.2 below, prices quoted are:
  1. inclusive of the costs of shipping or transport to the agreed place of delivery; and
  2. inclusive of insurance up to the point of delivery or collection, as the case may be; and
  3. exclusive of VAT in accordance with the obligations imposed on us as a result of accounting in line with the applicable margin scheme for the sale of second hand goods. If the prices are subject to VAT or equivalent local sales tax you agree to pay us such amount in addition to the prices for the Products; and
  4. exclusive of local VAT, sales tax, any other tax customs clearance or duty (including but not limited to import taxes, customs tariffs, import duties) which may be applied by local legislation or regulation at the point of entry into a country. These additional costs (as applicable) must be met by you at your sole risk and expense. We are not responsible for such costs (by means of payment, discount, set-off or any other means) in any way.
5. When you make a purchase through the website, you will be required to provide the necessary personal details and documents with the valid and corresponding proof of address in order to authenticate your identity to a third-party identification verifier who will use various fraud prevention protocols and industry standard verification systems to reduce fraud.
6. While we may provide you with access to this third-party identification verifier, you acknowledge and agree that we provide this access without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of this third-party identification verifier.
7. You acknowledge that your use of any third-party identification verifier may be subject to separate third party terms and conditions.
8. We reserve the right to verify your details and carry out such other fraud prevention or checks (such as identity, credit or eligibility checks) as may be appropriate prior to dispatch of your Order. Without prejudice to other rights and remedies available to us under the laws or these Conditions, we may refuse to complete an Order if:
  1. we cannot receive your full payment for any reason;
  2. upon placing the Order, the specified delivery address does not match the cardholder’s address associated with the payment card used to place the Order, as shown in the payment details on the checkout page. This does not apply in cases where the delivery address is the Collection Address (defined below).
  3. the Order cannot be completed due to a reason beyond our reasonable control, including but not limited to, the circumstances under clause 16.2; or
  4. we have reason to believe that information or other personal details have been supplied fraudulently.
9. In the event that:
  1. there exists a discrepancy between your intended delivery address the address of the cardholder associated with the intended payment card; or
  2. you would like to inspect the Product in person prior to placing your Order;

Termination
1. Without limiting our other rights or remedies, we reserve the right, in our sole discretion, to restrict, suspend, or terminate this contract and your access to all or any part of the website at any time and for any reason (including if we believe that you have breached any term of this contract, engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of these Conditions) without prior notice or liability, including the right to reject any Order you place for the purchase of Products.
2. Termination of this contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this contract which existed at or before the date of termination.
3. Any provision of this contract that expressly or by implication is intended to come into or continue in force on or after termination of this contract shall remain in full force and effect.

Delivery/ Dispatch
1. Subject to successful verification checks of your credit/debit card and identity in accordance with section 6.6-6.8 above, we shall do our best to dispatch the Product to you as soon as possible after you place your Order, and in accordance with the delivery option you have selected when placing your Order.
2. We use DHL, Addison Lee or any other delivery partner of our choice to deliver the Products at our cost. We will provide you with information on the delivery if and once the Products have been placed with our delivery partner.
3. You must check with us before placing an Order with us that we can deliver the Products to your territory using our delivery partner as either there are some territories we do not deliver to or the local authorities may require export documentation (including CITES Certificates as defined in clause 8.4) which we are unable to provide.
4. Some of our Products cannot leave their country without a Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”) certificate. Notwithstanding the above, and in accordance with clause 13 below, you acknowledge and agree that these Products are subject to CITES export/import restrictions. We have no responsibility to procure or provide CITES Certificates for these Products. If the Product has been collected by you and you wish to re-export it to another country, we will have no responsibility for such re-export (including providing you with any relevant or additional CITES Certificates).
5. Indicative delivery timescales/dates given by us on our website, our correspondence or elsewhere are estimates only. We will confirm the delivery timescales in our Order Confirmation. While we endeavour to meet such timescales/dates, if we cannot dispatch the Products within the specified delivery timescales/dates, we will contact you to inform you of the revised delivery date as soon as possible. However we shall not be liable to you for any losses you incurred in respect of any delays or other failures in delivery due to factors beyond our reasonable control (including but not limited to delays by our delivery partners which are not caused by our faults).
6. The delivery address as submitted by you cannot be changed once you have paid for the Product. The delivery address must match the cardholder’s address as shown in the payment details on the checkout page when you placed your Order. You must check the delivery address on any Order Confirmation and notify us without delay of any errors or omissions. We are not liable to you for any losses you incur, and we reserve the right to charge you for any extra costs we incur, arising from you providing an incomplete or inaccurate delivery address.
7. If you refuse or fail to take delivery of the Products supplied under these Conditions, any risk of loss or damage to the Products shall nonetheless pass to you on delivery from us in accordance with clause 8.8 and without prejudice to any other rights or remedies we have:
  1. you shall be liable to pay on demand all costs of Product storage and any additional costs we incur as a result of such unreasonable refusal or failure to take delivery;
  2. we shall be entitled 30 days after the date of attempted delivery to dispose of the Products in such manner as we determine and may set off any proceeds of sale against any sums due from you, as applicable.
8. Save as otherwise provided in these Conditions, risk of loss of or damage to the Products passes to you on:
  1. delivery of the Product at the address specified by you; or
  2. when placed in your possession,
    whichever shall occur first.
9. Upon our prior mutual agreement, you may purchase a Product(s) using our collection service (“Pay & Collect”) in accordance with clause 8.12. This service enables you pay for a Product(s) and collect at a later date from IBV International Vaults, 46 Park Ln, London W1K 1PW (the “Collection Address”). This Pay & Collect service is strictly by appointment only (“Appointment”) and will incur a £250 administration fee.
10. When collecting a Product paid for using our Pay & Collect service you will be required to present at least one of the following valid and up-to-date documents used for verifying your identity in accordance with clause 6.5, being:
  1. Your own passport; and/or
  2. Your own driver’s licence.
    
    If you are unable to present the debit or credit card used for the payment of the Product and at least one of the documents listed in 8.10.1-8.10.2 at the time of your Appointment, you will be prohibited from collecting your Product.
11. Unless previously agreed otherwise, if you have opted to use our Pay & Collect service and, within 30 days of making payment, have not collected the Product(s) that you have paid for, you will be liable for all costs associated with the storage of the Product(s) and any additional costs incurred due to your failure to collect. Furthermore, 30 days after the payment date, we reserve the right to dispose of the Product(s) and may offset any proceeds of the sale against any sums due from you.
12. In the event that you would like to use our Pay & Collect service, we kindly request that you contact us directly using our Contact Details in clause 1.3 so that we can arrange an Appointment and provide you with an external payment link.

Cancellation, rejecting an Order, damage or loss in transit
1. You are responsible for promptly checking your Product upon delivery and verifying that the Product(s) is/are in satisfactory condition, in accordance with their description and that the Order is complete. You may only return purchased Products in accordance with this clause 9. We will not refund the price paid if you return your Order, except as otherwise permitted under this clause 9.
2. Except as set out in these Conditions and subject to any rights you have under applicable law (that cannot be excluded or limited by us) you shall not be entitled to reject the Products that we have supplied, except for:
  1. damage to or loss of the Products or any part or an order in transit (where the Product is transported by us or our delivery partner) where this is notified to us promptly and in no event later than 24 hours from delivery. Any damage needs to be supported by photographic evidence;
  2. the delivered Product is not the type you ordered, or in incorrect quantity, or misdescribed. You must notify us in writing as soon as possible upon such inconsistencies and in no event later than 24 hours from delivery;
3. Where we are notified of shortage in an Order, failure to deliver, or any defect in or damage to a Product, then we will at our option:
  1. (in the case of shortage or non-delivery) make good any such shortage or non-delivery, where possible; and/or
  2. in the case of damage or any inconsistencies in the Product due to our fault under clause 9.2,
    1. if possible, replace or arrange for the Product to be repaired upon you returning the Product in accordance with clauses 9.9 to 9.7 (inclusive); or
    2. refund the price paid in respect of any Product(s) found to be damaged, defective or faulty. We will issue the refund via the same payment method that you used for the Order.
      
      You are only entitled to a remedy under this clause 9.3.2 if you have fully complied with your obligations under clauses 9.9 to 9.7 (inclusive). We will replace the Product, arrange for repair or issue the refund (in whole or in part) after we have received the returned Product and inspected its condition to confirm if you are entitled to a replacement, repair or refund (in whole or in part).
4. Whilst we take reasonable measures to ensure that photographs on our website, digital look books, photos attached to emails or messages or other sales materials are accurate illustrations of the true colour of the Products, and that our descriptions of the Products are as accurate as possible, there may be colour or description variance depending on the device that you use to view the photos. We will not offer refunds or returns for such variance. Please check that the Products are of a satisfactory quality for their intended use.
5. Your rights to seek a remedy under these Conditions (including those under clause 9.3.2) may be lost or rendered void where you fail to notify us promptly within the above timeframe or where a Product is damaged or rendered defective/faulty due to:
  1. normal wear and tear;
  2. user negligence;
  3. Products being mistreated or used other than for their intended purpose; or
  4. your failure to observe care instructions, notices or warnings provided with the Products.
6. Products should be returned to us at your own cost, together with all original undamaged packaging, labels, associated documentation, and other materials that were supplied with them.
7. When you arrange to return a Product to us you must take reasonable care to ensure that the Product and its packaging is not damaged while in your possession and in transit and that you use a reputable carrier. Whilst you are in possession of any Product which you want to return, you are under a duty to take reasonable care of it.
8. If you arrange to return a Product to us, you must take reasonable care of the Product you wish to return and either:
  1. return it to us (or our nominated representative) as soon as possible; or
  2. make it available to be collected (if requested by us).
9. We reserve the right to claim full payment or exercise any legal remedies we have where Products have been made unfit for resale or damaged whilst in your possession, in transit or where you refuse or fail to return, without damage, the relevant Products and any packaging, labels or associated documentation relevant to the particular Products or make them available for collection by us upon request.
10. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as “statutory rights”). You may also have other rights in law.

Liability limitation
1. We will pass on such manufacturers’ warranties with the Products that we are entitled to.
2. If we breach these Conditions or are negligent, we are liable to you for the foreseeable loss or damage that you suffer as a result. By “foreseeable” we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
3. Except for any legal responsibility that we cannot exclude in law (such as death or personal injury caused by defective Products), we are not liable to you for any loss or damage that was not foreseeable or any loss or damage not caused by our breach or negligence. As any Products that we supply to you are for your personal, domestic and non-business use only, we are not liable to you for any non-consumer or business losses.
4. Nothing in these Conditions excludes or limits our liability for:
  1. death or personal injury caused by our negligence (or that of our employees or authorised representatives); or
  2. for any matter which it would be illegal for us to exclude or attempt to exclude our liability; or
  3. fraud or fraudulent misrepresentation.

Retention of title

Third party rights

Consents, customs duties, import & export
1. If any licence or consent or authorisation of any government or other authority is required for the importation, carriage or use of the Products by you, or shipment to you, you shall obtain such licence or consent or authorisation at your own risk and expense and if necessary produce the same evidence to us on demand; where licences or consents or authorisations are required, we will not ship the Products until we have been provided with satisfactory evidence. Any additional expenses or charges incurred by us resulting from your failure to do the above shall be met by you.
2. Products sold to you under these Conditions may be subject to export control laws and regulations in the territory or other relevant jurisdiction where you take delivery or use them. You shall be fully responsible for complying with those laws and for the payment of any duties on the Products, as applicable.
3. You may be subject to customs charges, import duties and taxes, levied when the Product reaches your specified destination. Any such additional charges for customs clearance or import duties or taxes (if applicable) must be met by you. You should contact the local customs office in the relevant country of your specified destination where you wish to have the Products delivered for further information on customs policies or duties.

Notices
1. Any notice or other communications in relation to these Conditions should be in writing and sent by hand, pre-paid recorded post, e-mail to the latest address that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out elsewhere in these Conditions, such notices or communications (where properly addressed) shall be considered received:
  1. in relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working day, the first working day after);
  2. if by recorded post, as signed on the date of delivery at the relevant address;
  3. if sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received warning of unsuccessful transmission.
2. Unless otherwise confirmed in writing pursuant to this clause 14, communications addressed to us using our Contact Details in clause 1.3 shall be marked for the attention of Nicola Morris.

Queries about your Orders

General
1. You cannot assign, transfer, charge or make over or purport to assign, transfer, charge or make over any of your rights under these Conditions.
2. We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in our performance by reason of any circumstances beyond our reasonable control including (but not limited to) any change in laws, act of god, war, riot, national emergency, civil commotion, government action, explosion, fire, flood, earthquake, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your Order and refund any payment you have made to the same payment details that you used or otherwise provided to us when you made the relevant payment.
3. You acknowledge that these Conditions supersede and cancel all previous contracts, agreements and arrangements whether oral or written, express or implied, between you and us. Nothing in this clause shall limit or restrict our liability in respect of misrepresentation, breach of our statutory duties or contractual obligations under these Conditions.
4. No relaxation, forbearance, delay or indulgence by us in enforcing any of these Conditions shall prejudice or restrict our rights and remedies hereunder.
5. No waiver of any of these Conditions shall be effective unless made in writing and signed by us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach.
6. If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Conditions is illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
  - these Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
  - in the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.

Governing law and jurisdiction
1. The construction, interpretation, validity and performance of the contract between you and us, including these Conditions shall be governed by the laws of England and Wales. However if you are resident elsewhere in the United Kingdom you will retain the benefit of any mandatory protections given to you by the mandatory laws of the region of the United Kingdom where you live. Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that:
  1. if you live in Scotland, you will be protected by applicable laws of Scotland and you can choose to bring a claim against us in the English courts or Scottish courts;
  2. if you live in Northern Ireland, you will be protected by applicable laws of Northern Ireland and you can choose to bring a claim against us in respect of the products in the English courts or Northern Irish courts.
2. The language of any agreed amendment hereto, dispute resolution procedure or any proceedings will be English.