Bulk Auction Program Terms & Conditions

Saconde & Saconde, LLC — Bulk Auction Program Terms & Conditions — Effective Date: July 11, 2026

Saconde & Saconde, LLC
Effective Date: July 11, 2026
Company Name: Saconde & Saconde, LLC
Principal Place of Business: New York, New York, United States
Website: www.saconde.com
Mobile Applications: Saconde mobile applications, including applications made available for iOS, Android, or other supported platforms
Retail/Showroom Location: 521 W 26th St, Floor 5, New York, NY 10001
Contact: hello@saconde.com

IMPORTANT LEGAL NOTICE#

THESE BULK AUCTION PROGRAM TERMS AND CONDITIONS (“BULK AUCTION TERMS” OR “AGREEMENT”) FORM A LEGALLY BINDING AGREEMENT BETWEEN SACONDE & SACONDE, LLC (“SACONDE,” “WE,” “US,” OR “OUR”) AND THE PERSON OR ENTITY SUBMITTING ITEMS TO SACONDE (“SELLER,” “YOU,” OR “YOUR”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBMITTING, DELIVERING, SHIPPING, CONSIGNING, OR OTHERWISE PROVIDING ANY ITEM TO SACONDE FOR AUCTION, CONSIGNMENT, LIQUIDATION, WHOLESALE, PRIVATE SALE, LIVE SALE, OR OTHER RESALE SERVICES.

BY APPLYING TO THE BULK AUCTION PROGRAM, CHECKING AN ACCEPTANCE BOX, TAPPING “I AGREE,” SIGNING ELECTRONICALLY, ACCEPTING A BULK AUCTION OFFER, SHIPPING OR DELIVERING ITEMS TO SACONDE, OR OTHERWISE PARTICIPATING IN THE BULK AUCTION PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY:

these Bulk Auction Terms;
Saconde’s Seller Terms and Conditions;
Saconde’s Privacy Policy;
any intake form, property schedule, commission schedule, auction proposal, transaction confirmation, or written addendum applicable to Your items; and
any applicable third-party marketplace or auction-platform requirements.

THESE BULK AUCTION TERMS INCLUDE A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND RESTRICTIONS ON WITHDRAWING ITEMS AFTER THE SALES PROCESS BEGINS.

1. PROGRAM PURPOSE AND SCOPE#

Saconde operates a luxury-goods resale business that may accept designer handbags, accessories, jewelry, watches, luggage, clothing, footwear, collectibles, and other approved property for resale.

The Bulk Auction Program is intended for individuals, collectors, businesses, estates, trusts, resellers, liquidators, wholesalers, and other clients seeking to submit multiple items or a substantial quantity of inventory through a streamlined resale process.

The term “Bulk Auction Program” is a commercial program name. An item may be marketed or sold through an auction, fixed-price listing, live-selling event, negotiated private sale, wholesale transaction, bundled sale, liquidation transaction, or another resale method selected by Saconde.

Participation is by invitation or approval only. Saconde may accept, reject, limit, suspend, condition, or terminate participation in its discretion, subject to applicable law.

Submission of an application or delivery of property does not guarantee:

acceptance into the program;
authentication;
listing;
auction placement;
sale;
a particular sales channel;
a minimum price;
a particular payout; or
completion within any particular period.

2. RELATIONSHIP TO SACONDE’S SELLER TERMS#

These Bulk Auction Terms supplement and incorporate Saconde’s Seller Terms and Conditions.

The Seller Terms continue to govern matters including:

account registration and security;
electronic acceptance;
identity verification;
fraud prevention;
sanctions and anti-money-laundering screening;
privacy and data practices;
item submissions;
authenticity and counterfeit goods;
shipping and risk of loss;
payments and tax reporting;
abandoned property;
limitations of liability;
indemnification;
governing law; and
dispute resolution.

If there is a direct conflict among the applicable documents, the following order of precedence applies:

a written transaction-specific addendum signed or electronically accepted by both Seller and Saconde;
a written Bulk Auction Property Schedule or auction confirmation accepted by both parties;
these Bulk Auction Terms;
Saconde’s Seller Terms and Conditions; and
other generally applicable Saconde policies.

A transaction-specific document overrides another document only as to the particular subject expressly addressed in that transaction-specific document.

No employee, contractor, representative, authenticator, livestream host, marketplace partner, or customer-service representative may modify these Terms through an oral statement or informal message unless the modification is confirmed in a written agreement authorized by Saconde.

3. ELECTRONIC ACCEPTANCE AND RECORDS#

Seller may accept this Agreement by:

checking a box;
tapping an acceptance button;
signing electronically;
accepting an offer or property schedule;
submitting an intake form;
delivering or shipping items after receiving these Terms;
directing Saconde to begin processing or selling items; or
otherwise electronically confirming acceptance.

Seller agrees that electronic signatures and records have the same legal effect as handwritten signatures and paper records to the maximum extent permitted by law.

Saconde may retain and use the following as evidence of acceptance and transaction activity:

acceptance timestamps;
electronic signatures;
account records;
IP addresses;
device identifiers;
transaction logs;
emails;
text messages;
app records;
uploaded files;
recorded telephone calls where legally permitted;
shipping records; and
payment records.

4. ELIGIBILITY AND SELLER AUTHORITY#

Seller must be at least eighteen years old and legally capable of entering into a binding agreement.

Seller represents and warrants that Seller:

is the sole lawful owner of each submitted item or has full written authority from the lawful owner;
has the unrestricted legal right to possess, consign, transfer, and sell each item;
has authority to bind any business, estate, trust, partnership, corporation, limited liability company, or other entity on whose behalf Seller acts;
has disclosed all other owners, secured parties, lienholders, beneficiaries, principals, or persons claiming an interest in the property;
will provide documents establishing ownership and authority upon request; and
is not using the program to defraud creditors, evade legal process, conceal assets, launder funds, or conduct unlawful activity.

Saconde may require:

government-issued identification;
proof of address;
taxpayer information;
business-formation documents;
estate or trust documents;
corporate resolutions;
purchase records;
invoices;
receipts;
provenance records;
beneficial-ownership information;
proof of authority;
lien releases; or
other compliance documentation.

Saconde may reject or place items and payments on hold if requested documentation is not provided.

5. NO PURCHASE BY SACONDE; CONSIGNMENT RELATIONSHIP#

Unless Saconde expressly issues and finalizes a separate written buyout agreement, submission of items under the Bulk Auction Program does not constitute a sale of the items to Saconde.

Seller retains ownership of an accepted item until:

the item is sold to a buyer through an authorized transaction;
title is otherwise transferred under a separate written agreement; or
Saconde exercises a right expressly provided by this Agreement or applicable law concerning unpaid charges, abandoned property, counterfeit goods, unlawful property, or other legally restricted property.

Saconde acts as Seller’s limited consignee and resale facilitator for the purpose of possessing, processing, marketing, offering, transferring, and selling accepted items.

Seller grants Saconde exclusive authority during the applicable program period to:

possess and store the items;
inspect and authenticate them;
photograph and record them;
clean or condition them;
market and advertise them;
determine sales channels;
offer them for sale;
communicate and negotiate with potential buyers;
collect buyer payments;
transfer possession to buyers or platforms;
process returns and disputes; and
take other commercially reasonable steps to facilitate resale.

Seller acknowledges that certain commercial consignment transactions may affect rights involving Seller’s creditors or Saconde’s creditors. Seller is responsible for obtaining independent legal advice and making any financing statement or other filing Seller believes necessary to protect Seller’s interests.

6. PROPERTY SCHEDULE AND INTAKE RECORDS#

Saconde may prepare or require a written or electronic inventory list, intake receipt, property schedule, spreadsheet, manifest, photo record, or other record identifying submitted items.

Seller must review any property schedule promptly and notify Saconde in writing of a claimed discrepancy within five calendar days after receiving the schedule.

Failure to provide written notice within that period constitutes Seller’s acceptance of the property schedule, except for a discrepancy that could not reasonably have been discovered during that period.

Saconde’s intake count is subject to:

unpacking;
inspection;
authentication;
matching of accessories;
condition verification;
duplicate-item review; and
verification that an item was actually included in a shipment.

An initial receipt or intake count does not constitute confirmation of authenticity, condition, completeness, value, or eligibility for sale.

7. ITEM REVIEW AND ACCEPTANCE#

All items are subject to inspection, authentication, condition review, commercial review, legal review, and final acceptance.

Saconde may accept or reject an item based on:

authenticity;
condition;
category;
brand;
age;
size;
style;
market demand;
projected resale value;
required repairs;
legal restrictions;
incomplete accessories;
insufficient provenance;
operational capacity;
marketplace restrictions;
safety concerns;
intellectual-property concerns; or
any other legitimate business or compliance consideration.

Saconde may reject an item even if the item is authentic.

Acceptance of one item does not require acceptance of any other item from the same shipment or lot.

Saconde may classify an item as:

accepted for active resale;
conditionally accepted;
pending authentication;
pending documentation;
rejected;
restricted;
quarantined;
return eligible; or
nonreturnable under the counterfeit, stolen-property, or legal-compliance provisions.

8. AUTHENTICATION AND CONDITION REVIEW#

Saconde may use internal personnel, third-party authenticators, brand resources, databases, software, artificial-intelligence-assisted tools, imaging systems, serial-number review, forensic methods, or other procedures to evaluate submitted items.

Seller authorizes Saconde to:

photograph and video-record each item;
inspect serial numbers, date codes, hallmarks, hardware, stitching, materials, construction, and internal components;
remove or inspect removable packaging;
compare information against databases;
disclose information to authenticators, platforms, brands, rights holders, insurers, law enforcement, and fraud-prevention providers where permitted by law;
obtain multiple authentication opinions; and
place an item on hold while review is pending.

Authentication opinions are made for Saconde’s operational and resale purposes. Saconde does not warrant that an authentication conclusion will be accepted by every platform, brand, buyer, insurer, court, or third party.

Saconde may reverse or reconsider an earlier authentication or acceptance decision if new information becomes available.

9. COUNTERFEIT, STOLEN, RESTRICTED, OR MISREPRESENTED PROPERTY#

Seller represents and warrants that every submitted item is:

authentic;
lawfully owned;
free from liens and undisclosed ownership claims;
not stolen;
not counterfeit;
not materially altered in an undisclosed manner;
not fraudulently obtained;
not unlawfully imported;
not subject to seizure or forfeiture;
not prohibited from sale or transfer; and
accurately described by Seller.

If Saconde reasonably suspects or determines that an item is counterfeit, inauthentic, stolen, altered, fraudulently obtained, unlawfully branded, restricted, unsafe, or materially misrepresented, Saconde may:

reject or remove the item from sale;
void any pending sale or payout;
cancel related transactions;
quarantine or retain the item;
decline to return the item where return may be unlawful or commercially unreasonable;
surrender the item to law enforcement, a brand owner, rights holder, platform, or other appropriate party;
destroy or dispose of the item where permitted or required by law;
report Seller and the transaction;
suspend or terminate Seller’s account;
deduct related losses, fees, penalties, refunds, or expenses from amounts owed to Seller; and
pursue any other legal or contractual remedy.

If Saconde elects to return an eligible suspected or confirmed counterfeit or prohibited item, Seller must pay:

a $40 counterfeit or authentication-handling fee per item;
return shipping;
insurance;
packaging;
administrative expenses; and
any other related third-party costs.

Payment of these amounts does not require Saconde to return an item where return is prohibited, restricted, unsafe, or subject to an investigation or third-party claim.

10. SALES METHODS AND CHANNELS#

Seller authorizes Saconde to sell or attempt to sell accepted items through any channel Saconde determines appropriate, including:

Saconde’s website or mobile application;
Saconde’s retail or showroom location;
live-selling platforms;
online auction platforms;
third-party marketplaces;
social-media platforms;
private-client networks;
direct sales;
telephone or electronic bidding;
negotiated private sales;
wholesale buyers;
business-to-business buyers;
liquidation partners;
bulk buyers;
trade partners;
pop-up events;
in-person auctions; or
another lawful resale channel.

Saconde may transfer or temporarily deliver items to a marketplace, auction operator, authenticator, fulfillment provider, repair provider, photographer, warehouse, retail location, prospective institutional buyer, or other service provider for purposes related to the program.

The use of the word “auction” does not require Saconde to use a traditional ascending-bid auction for every item.

11. PRICING AND SALES DISCRETION#

Except where a written reserve price has been accepted by Saconde, Seller grants Saconde sole discretion over:

listing prices;
opening bids;
bid increments;
reserve strategy;
buy-now pricing;
auction duration;
auction timing;
sales channel;
promotional pricing;
discounts;
markdowns;
coupon participation;
buyer offers;
counteroffers;
bundled pricing;
lot composition;
wholesale pricing;
private-sale pricing;
acceptance or rejection of bids;
relisting;
removal from one channel and transfer to another;
negotiation with buyers; and
other marketing and sales decisions.

Saconde may sell an item for less than:

Seller’s original purchase price;
retail price;
replacement value;
insured value;
appraisal value;
a prior preliminary estimate;
an online asking price;
a price achieved by a similar item;
Seller’s subjective expectation; or
a prior unsuccessful listing price.

Seller acknowledges that luxury resale prices may fluctuate substantially and that auction results can be unpredictable.

Saconde does not guarantee:

a minimum sale price;
a particular gross sale price;
a particular net payout;
a sale within a specified period;
a certain number of bids;
a particular buyer;
a particular marketplace; or
that an item will sell.

12. RESERVE PRICES#

No reserve price applies unless:

Seller requests a reserve in writing;
Saconde expressly accepts the reserve in writing before the applicable item enters an active sale process; and
the reserve appears in an applicable property schedule, auction confirmation, or addendum.

An informal estimate, target, suggested price, appraisal, prior sale result, or verbal discussion does not create a reserve.

An accepted reserve may refer to either:

the minimum gross sale price payable by the buyer; or
the minimum net proceeds payable to Seller.

The written confirmation must specify which meaning applies.

Saconde may reject a requested reserve or decline to offer the item through the Bulk Auction Program.

Where a reserve is not met, Saconde may:

pass the item;
relist it;
move it to another sales channel;
request a revised reserve;
return it subject to applicable fees;
hold it for future sale; or
take another action authorized by this Agreement.

13. GROUPING, BUNDLING, AND LOT FORMATION#

Saconde may sell items:

individually;
in pairs;
as grouped lots;
as mixed lots;
as wholesale lots;
as bulk inventory;
as mystery or assorted lots where lawfully permitted; or
together with other inventory owned or controlled by Saconde.

Saconde may reorganize, divide, combine, or reconfigure lots before sale.

Seller acknowledges that bundling may increase sell-through while reducing the individually attributable sale price of a particular item.

Saconde is not required to obtain Seller’s approval before grouping or separating items unless otherwise agreed in a signed writing.

14. ALLOCATION OF GROUPED SALE PROCEEDS#

Where multiple items are sold in one transaction, Saconde may allocate the total sale price among the items using a commercially reasonable methodology.

The allocation may consider:

internal estimated values;
expected standalone sale prices;
item condition;
brand;
style;
size;
age;
buyer demand;
prior bids;
original lot structure;
platform reporting;
wholesale pricing;
cost basis information;
promotional discounts;
included accessories; and
other relevant commercial factors.

Saconde may allocate discounts, fees, refunds, chargebacks, shipping adjustments, and buyer credits across the items in the same or a different commercially reasonable proportion.

Saconde’s good-faith allocation controls for purposes of:

calculating commissions;
calculating Seller payouts;
assigning return or dispute adjustments;
internal accounting;
tax records;
insurance claims; and
transaction reporting.

Seller may request a written explanation of an allocation within fifteen days after receiving the applicable payout statement. Any objection must identify the specific alleged mathematical or factual error.

15. AUCTION AND PLATFORM RULES#

Transactions conducted through a third-party auction or marketplace are also subject to that platform’s rules, policies, buyer protections, return policies, payment procedures, dispute processes, authentication requirements, prohibited-item restrictions, and account limitations.

Saconde may take any action reasonably necessary to comply with platform rules, including:

canceling or reversing a sale;
accepting a return;
issuing a refund;
providing a partial refund;
submitting documentation;
removing a listing;
changing a description;
transferring an item for platform authentication;
delaying shipment or payout;
accepting a platform determination; or
paying a platform penalty.

Saconde is not responsible for:

platform outages;
bidding errors caused by a platform;
marketplace suspensions;
algorithm changes;
listing removals;
account restrictions;
platform insolvency;
delayed remittances;
payment holds;
buyer fraud;
unauthorized bids;
technical malfunctions; or
other conduct outside Saconde’s reasonable control.

16. BUYER BIDS AND NONPAYMENT#

A winning bid, accepted offer, or marketplace order does not necessarily constitute a final completed sale for payout purposes.

A transaction is not final until Saconde determines that:

the buyer has paid;
funds have cleared;
required fraud and compliance checks are complete;
the item has been delivered or otherwise transferred as required;
applicable cancellation and return rights have expired or been resolved;
no chargeback or payment dispute remains;
marketplace requirements have been satisfied; and
Saconde has received and retained the applicable proceeds.

If a buyer fails to pay, cancels, commits fraud, disputes the charge, or otherwise fails to complete the transaction, Saconde may:

cancel the sale;
offer the item to another bidder;
relist the item;
move it to another channel;
accept a lower offer;
pursue the buyer; or
discontinue attempts to sell the item.

Seller is not entitled to a payout from an unpaid, canceled, reversed, fraudulent, or uncollected transaction.

17. COMMISSION SCHEDULE#

Unless otherwise agreed in a written addendum accepted by Saconde, Saconde’s commission is calculated according to the following schedule:

Allocated Final Net Sale Price per Item	Saconde Commission
$0–$999.99	30%
$1,000–$2,999.99	25%
$3,000 and above	20%

For grouped transactions, the applicable commission tier is determined separately for each item based on Saconde’s allocated Final Net Sale Price for that item, unless a transaction-specific writing provides otherwise.

“Final Net Sale Price” means the amount Saconde actually receives and retains that is attributable to the applicable item after buyer-facing discounts, promotional credits, refunds, returns, chargebacks, reversals, transaction adjustments, and similar reductions.

Sales tax collected from a buyer is not part of the Final Net Sale Price.

Buyer-paid shipping, duties, gratuities, or buyer fees are not part of the Final Net Sale Price unless Saconde expressly designates them as sale proceeds attributable to the item.

18. ADDITIONAL FEES AND DEDUCTIONS#

In addition to Saconde’s commission, Seller authorizes Saconde to deduct applicable amounts arising from the intake, processing, marketing, sale, return, or handling of Seller’s items, including:

marketplace fees;
auction-platform fees;
payment-processor fees;
authentication fees;
photography or cataloging costs where separately disclosed;
shipping charges;
customs charges;
insurance charges;
packaging costs;
repair costs;
restoration costs;
cleaning or conditioning costs;
storage charges;
handling charges;
return expenses;
buyer credits;
refunds;
chargebacks;
bank fees;
currency-conversion losses;
platform penalties caused by Seller or Seller’s items;
counterfeit-related expenses;
legal or compliance holds;
taxes required to be withheld;
amounts Seller otherwise owes Saconde; and
other amounts authorized by this Agreement or a transaction-specific writing.

Saconde will not deduct an undisclosed special program fee that is unrelated to a service, cost, loss, or charge authorized by this Agreement.

Where a third party charges a fee as a percentage of the total transaction, Saconde may allocate that fee among items using a commercially reasonable method.

19. PAYOUT CALCULATION#

Seller’s payout for an item generally equals:

Final Net Sale Price
minus Saconde’s commission
minus applicable fees, expenses, offsets, and deductions
equals Seller’s Net Payout.

Saconde may provide Seller with a transaction statement showing:

item identification;
allocated sale price;
commission rate;
commission amount;
deductions;
adjustments; and
net payout.

Minor clerical or mathematical errors may be corrected after a statement or payment is issued.

Receiving an estimated payout statement does not waive Saconde’s right to apply a later return, refund, chargeback, fraud, tax, or accounting adjustment.

20. PAYOUT TIMING#

Saconde will issue payment only after Saconde determines that the underlying transaction is final and payable.

Payout timing may depend on:

buyer payment clearance;
delivery confirmation;
platform-remittance timing;
marketplace authentication;
buyer return periods;
chargeback exposure;
fraud review;
tax documentation;
Seller identity verification;
banking verification;
platform holds;
compliance review; and
resolution of disputes.

No estimated payout date is guaranteed unless Saconde expressly provides a written unconditional payment commitment.

Payouts may be issued through:

ACH;
wire transfer;
check;
Zelle or another approved instant-payment service;
platform payout provider;
store credit; or
another method approved by Saconde.

Seller is responsible for providing accurate payout information.

Saconde is not responsible for payment delays or losses caused by:

inaccurate account information supplied by Seller;
Seller’s compromised account;
financial institution delays;
banking restrictions;
payment-provider investigations;
rejected transfers;
closed accounts; or
events outside Saconde’s reasonable control.

Saconde may require additional verification before changing payout information.

21. PAYMENT HOLDS, RESERVES, AND OFFSETS#

Saconde may withhold, delay, reserve, reduce, offset, or adjust a payout where reasonably necessary in connection with:

a buyer return;
chargeback;
fraud investigation;
authenticity concern;
ownership dispute;
lien or creditor claim;
law enforcement request;
sanctions review;
tax withholding requirement;
missing or inaccurate Seller information;
marketplace hold;
payment-processor hold;
suspected account takeover;
pending litigation;
counterfeit claim;
platform penalty;
calculation error;
negative balance; or
another unresolved matter affecting whether the funds are earned, final, lawful, or payable.

Saconde may offset amounts Seller owes against:

current payouts;
future payouts;
store credit;
proceeds from other items;
insurance recoveries;
refunds otherwise payable to Seller; or
other amounts in Saconde’s possession that are legally available for offset.

Saconde will release undisputed funds when reasonably practicable unless the entire amount must be held to address the applicable risk or claim.

22. RETURNS, REFUNDS, AND POST-SALE ADJUSTMENTS#

Seller authorizes Saconde to manage buyer returns, refunds, authenticity claims, condition claims, shipping claims, partial credits, chargebacks, and transaction disputes.

Saconde may accept or reject a buyer claim based on:

applicable law;
Saconde’s buyer policies;
platform rules;
evidence submitted;
customer-service considerations;
authentication results;
transaction risk; and
commercially reasonable business judgment.

If a sale is reversed or adjusted after Seller has been paid, Seller must reimburse Saconde for the resulting amount, including applicable:

payout overpayments;
refunds;
chargebacks;
processor fees;
platform fees;
return shipping;
insurance;
penalties;
authentication expenses; and
reasonable investigation expenses.

Saconde may deduct the amount from current or future proceeds.

If no proceeds are available, Saconde may invoice Seller. Seller must pay an undisputed invoice within fifteen days after issuance.

When an item is returned by a buyer, Saconde may:

relist it;
move it to another channel;
reauthenticate it;
repair or condition it;
return it to Seller;
negotiate a new sale; or
take another commercially reasonable action.

23. NEGATIVE BALANCES#

Seller’s account may have a negative balance if deductions, reversals, refunds, chargebacks, penalties, or expenses exceed available proceeds.

Seller authorizes Saconde to recover a negative balance from:

future item proceeds;
future buyout payments;
store credit;
other amounts payable to Seller;
a payment method separately authorized by Seller; or
direct invoicing.

Seller must pay an undisputed negative balance within fifteen days after written demand.

Saconde may suspend further services, withhold item returns where legally permitted, or pursue collection remedies if a balance remains unpaid.

24. TAXES AND INFORMATION REPORTING#

Seller is solely responsible for determining and satisfying Seller’s federal, state, local, and international tax obligations arising from submitted items and payments.

Saconde may require:

a completed IRS Form W-9;
taxpayer identification information;
an applicable IRS Form W-8;
business tax information;
sales-tax exemption documentation; or
other legally required information.

Saconde or a payment provider may report payments to tax authorities or issue Forms 1099 or other information returns where required.

Saconde may apply backup withholding or other legally required withholding.

A tax form issued by a marketplace, payment provider, or Saconde may reflect gross payment amounts and may not equal Seller’s net profit or Saconde payout. Seller should retain purchase records, basis information, payout statements, and expense records.

Saconde does not provide tax advice.

25. ACTIVE SALES PROCESS AND WITHDRAWAL RESTRICTIONS#

Seller may not withdraw, reclaim, cancel, redirect, or demand return of an item after the item enters an “Active Sales Process” without Saconde’s written approval.

An item enters an Active Sales Process when any of the following occurs:

Saconde photographs or catalogs the item for sale;
authentication or sale-specific processing begins;
the item is uploaded or transferred to a marketplace;
the item is listed;
it is included in an auction, livestream, sale event, or catalog;
it is offered to a prospective buyer;
a buyer inquiry is received;
a bid or offer is submitted;
Saconde begins negotiating a sale;
an invoice is issued;
the item is reserved;
payment processing begins;
the item is bundled or allocated to a lot;
it is transferred to a platform, partner, authenticator, or fulfillment provider; or
Saconde otherwise incurs sale-related costs or obligations.

Saconde may refuse a withdrawal request where withdrawal may cause:

customer harm;
marketplace penalties;
breach of a buyer commitment;
operational disruption;
financial loss;
reputational harm;
platform suspension;
chargeback exposure;
fraud risk; or
contractual liability.

If Saconde approves a withdrawal after the Active Sales Process begins, Seller must pay all applicable:

commissions on any pending or disrupted sale;
platform fees;
payment fees;
authentication expenses;
shipping and insurance;
return charges;
handling charges;
cataloging expenses;
cancellation penalties;
buyer compensation;
storage charges;
administrative costs; and
documented losses caused by the withdrawal.

Approval of one withdrawal does not require approval of another.

26. UNSOLD ITEMS#

An item is not considered unsold merely because:

an auction ended without a successful bid;
a buyer did not pay;
a reserve was not met;
a marketplace listing expired;
an offer was rejected;
a transaction was canceled; or
a buyer returned the item.

Saconde may continue marketing an unsold item by:

relisting it;
changing the price;
moving it to another channel;
grouping it with other items;
offering it privately;
including it in another auction;
wholesaling it;
requesting revised instructions; or
returning it subject to this Agreement.

Unless otherwise stated in a property schedule, the initial program period is ninety days from final acceptance of the applicable item.

Saconde may extend the listing period where:

a transaction is pending;
a return period remains open;
a buyer dispute exists;
the item is under authentication or compliance review;
Seller has not paid outstanding fees;
return arrangements are incomplete; or
Seller agrees to continued marketing.

27. RETURN OF UNSOLD OR REJECTED ITEMS#

Where an item is eligible for return, Seller is responsible for applicable:

return shipping;
insurance;
packaging;
handling;
authentication;
storage; and
other authorized charges.

Saconde may use the address on Seller’s account unless Seller provides and verifies a different return address before shipment.

Risk of loss for an authorized return transfers to Seller when:

the return is delivered to Seller or Seller’s authorized recipient; or
where applicable, the return is tendered to a carrier using the return method authorized by Seller.

Seller must notify Saconde in writing of a claimed return shortage, substitution, damage, or shipping discrepancy within five calendar days after delivery.

Seller must preserve:

all packaging;
labels;
tracking information;
photographs;
video evidence; and
the item in the condition received.

Failure to provide timely notice and supporting evidence may result in denial of the claim.

Saconde is not required to return an item that:

has sold;
is subject to a pending transaction;
is in an Active Sales Process;
is subject to a buyer return period;
is under investigation;
may be counterfeit, stolen, unlawful, or restricted;
is subject to a lien or third-party claim;
has been deemed abandoned; or
may lawfully be retained to secure unpaid charges.

28. STORAGE AND ABANDONED PROPERTY#

Saconde may charge reasonable storage fees if:

Seller fails to provide return instructions;
Seller fails to pay required return charges;
a shipment is returned as undeliverable;
Seller refuses delivery;
Seller fails to collect an item;
Seller’s address is inaccurate;
Seller fails to respond to communications; or
the applicable program period has ended and Saconde has requested disposition instructions.

Saconde may provide Seller with written notice requiring collection, payment, or return instructions.

To the extent permitted by law, property may be treated as abandoned if Seller fails to claim the property, provide instructions, accept delivery, or pay required charges within thirty days after notice.

Subject to applicable law, Saconde may:

continue selling the item;
liquidate it;
apply proceeds to outstanding charges;
donate it;
dispose of it;
transfer it to storage; or
exercise other lawful rights concerning abandoned or unclaimed property.

Any remaining net proceeds after lawful deductions will be handled as required by applicable abandoned-property law.

29. CLEANING, REPAIR, AND CONDITIONING#

Seller authorizes Saconde to perform commercially reasonable minor cleaning, steaming, polishing, deodorizing, conditioning, photography preparation, packaging replacement, and similar resale preparation without additional approval.

Saconde may request Seller’s approval before performing a material repair or restoration where practicable.

Saconde may proceed without advance approval when reasonably necessary to:

prevent further damage;
satisfy safety requirements;
preserve value;
meet a buyer or platform deadline;
address a condition Seller failed to disclose; or
complete an agreed sale.

Authorized costs may be deducted from Seller’s proceeds.

Saconde does not guarantee that repair, cleaning, or restoration will improve the sale price or completely correct a condition issue.

Normal handling, photography, inspection, authentication, storage, transportation, and buyer try-on may result in minor changes that do not constitute compensable damage.

30. SHIPPING TO SACONDE AND RISK OF LOSS#

Saconde accepts risk of loss for submitted property only when:

Saconde takes confirmed physical possession of the property; or
Seller uses a Saconde-approved label, carrier, and shipping method, and the package is physically tendered to and scanned by the approved carrier (“Approved Transit”).

Seller bears all risk before Approved Transit.

Seller is responsible for properly packaging items and must comply with Saconde’s shipping instructions.

For any claim involving loss, shortage, theft, tampering, or damage, Seller must retain:

continuous, unedited packing video;
detailed photographs of each item;
serial-number and date-code photographs;
photographs of accessories;
photographs of packaging materials;
photographs of the sealed package;
the shipping label;
the carrier drop-off receipt;
tracking records; and
insurance documentation.

Saconde may deny a claim where evidence is missing, edited, inconsistent, untimely, or insufficient.

Claims must be submitted in writing within fifteen days after delivery confirmation or the date Seller reasonably should have discovered the issue, whichever occurs first.

Where Saconde accepts responsibility for a lost or materially damaged item, Saconde may elect to:

repair the item;
continue selling it with an adjusted condition disclosure;
compensate Seller based on the anticipated net payout;
replace it with substantially similar property where commercially reasonable; or
provide another remedy agreed upon in writing.

Any approved compensation excludes:

sentimental value;
speculative appreciation;
replacement retail value;
lost opportunity;
lost profits;
consequential damages; and
punitive damages.

31. SELLER DISCLOSURE OBLIGATIONS#

Before submitting an item, Seller must disclose all known material information, including:

repairs;
restoration;
repainting;
refinishing;
replaced components;
aftermarket parts;
removed serial numbers;
odors;
smoke exposure;
mold or moisture exposure;
stains;
tears;
cracks;
missing stones;
nonfunctioning components;
prior authenticity disputes;
prior buyer returns;
prior insurance claims;
purchase from an unknown source;
liens;
ownership disputes;
theft reports;
customs issues; and
any other matter that could affect authenticity, legality, condition, safety, marketability, or value.

Seller must promptly update Saconde if Seller learns new material information after submission.

Saconde may cancel a sale, adjust proceeds, charge expenses, or pursue remedies if Seller omits or misrepresents material information.

32. CONTENT AND MEDIA RIGHTS#

Seller authorizes Saconde to photograph, film, scan, record, describe, advertise, and otherwise create content relating to submitted items.

Seller grants Saconde a perpetual, worldwide, royalty-free, fully paid, transferable, sublicensable license to use content Seller provides in connection with the program, including:

photographs;
videos;
descriptions;
receipts;
product information;
reviews;
written statements; and
other submitted materials.

Saconde may use such content for:

listings;
auctions;
marketing;
social media;
advertising;
archival records;
authentication;
fraud prevention;
dispute resolution;
training;
analytics;
search-engine optimization;
platform distribution; and
other lawful business purposes.

Saconde owns the photographs, videos, edited images, descriptions, listings, catalogs, graphics, and other content created by or for Saconde.

Seller is not entitled to a royalty, attribution, approval right, or payment for Saconde’s use of such content.

Saconde may continue using content after an item is sold, returned, rejected, or removed from sale.

33. RECORDS, AUDITS, AND COMMUNICATIONS#

Saconde may maintain records concerning:

intake;
authentication;
condition;
pricing;
listings;
bids;
buyer offers;
transaction adjustments;
shipping;
returns;
payouts;
communications;
compliance reviews; and
disputes.

Seller must promptly review payout statements and notify Saconde of an alleged error within thirty calendar days after the statement is made available.

Failure to object within thirty days constitutes acceptance of the statement except for fraud or an error that could not reasonably have been discovered during that period.

Seller agrees to receive transactional communications by:

email;
telephone;
SMS;
app notification;
push notification;
messaging platform; or
other contact method provided by Seller.

Marketing messages are subject to separate consent where required by law.

34. PROGRAM SUSPENSION OR TERMINATION#

Saconde may suspend or terminate Seller’s participation if:

Seller breaches this Agreement;
Seller submits counterfeit or stolen items;
Seller provides false or incomplete information;
Seller engages in fraud or suspicious activity;
Seller fails to pay amounts due;
Seller interferes with buyer transactions;
Seller attempts to withdraw committed items;
Saconde faces legal, platform, or reputational risk;
required documentation is missing;
a sanctions or compliance concern exists; or
Saconde discontinues or changes the program.

Termination does not cancel:

completed sales;
pending buyer transactions;
return or chargeback periods;
payment obligations;
reimbursement obligations;
indemnification obligations;
dispute-resolution requirements; or
other provisions intended to survive termination.

After termination, Saconde may complete pending transactions, return eligible items, transfer items to standard consignment with Seller’s consent, or otherwise wind down the relationship in accordance with this Agreement.

35. PROGRAM MODIFICATIONS#

Saconde may modify these Bulk Auction Terms prospectively by posting updated Terms on its website or app or providing them electronically.

Material changes will apply to future submissions and, where legally permitted, to items not yet accepted into an Active Sales Process.

Saconde will not retroactively change the agreed commission rate for a completed sale unless:

the original rate resulted from a clerical error;
Seller expressly agrees;
a transaction-specific adjustment is required by a refund, chargeback, or grouped allocation; or
applicable law requires the change.

Where required, Saconde may request renewed acceptance.

36. NO PROFESSIONAL APPRAISAL OR INVESTMENT ADVICE#

Any estimate, range, pricing recommendation, auction projection, or market discussion provided by Saconde is:

preliminary;
nonbinding;
subject to inspection;
subject to market changes; and
provided solely for potential resale purposes.

Saconde does not provide certified appraisal, financial, tax, legal, insurance, or investment advice.

Seller should obtain an independent appraisal before submission if Seller requires a valuation for insurance, estate, charitable, divorce, tax, litigation, financing, or other formal purposes.

37. DISCLAIMER OF WARRANTIES#

THE BULK AUCTION PROGRAM AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SACONDE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY;
CONTINUOUS AVAILABILITY;
MARKET VALUE;
AUCTION PERFORMANCE;
SALE TIMING;
BUYER DEMAND; AND
ACHIEVEMENT OF ANY PARTICULAR PRICE OR PAYOUT.

SACONDE DOES NOT WARRANT THAT:

AN ITEM WILL BE ACCEPTED;
AN ITEM WILL SELL;
A BIDDER WILL PAY;
A TRANSACTION WILL NOT BE RETURNED OR CHARGED BACK;
A MARKETPLACE WILL REMAIN AVAILABLE;
A PARTICULAR SALES METHOD WILL PRODUCE THE HIGHEST POSSIBLE PRICE; OR
AN AUTHENTICATION OPINION WILL BE ACCEPTED BY EVERY THIRD PARTY.

Nothing in this Agreement disclaims a warranty or right that cannot lawfully be disclaimed.

38. LIMITATION OF LIABILITY#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SACONDE AND ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AUTHENTICATORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR:

INDIRECT DAMAGES;
INCIDENTAL DAMAGES;
SPECIAL DAMAGES;
CONSEQUENTIAL DAMAGES;
EXEMPLARY DAMAGES;
PUNITIVE DAMAGES;
LOST PROFITS;
LOST BUSINESS;
LOST OPPORTUNITY;
LOSS OF ANTICIPATED APPRECIATION;
EMOTIONAL OR SENTIMENTAL VALUE;
LOSS CAUSED BY MARKET FLUCTUATIONS; OR
DAMAGE ARISING FROM A THIRD-PARTY PLATFORM OR SERVICE PROVIDER OUTSIDE SACONDE’S REASONABLE CONTROL.

FOR A CLAIM INVOLVING A PARTICULAR ITEM, SACONDE’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF:

THE NET AMOUNT ACTUALLY PAID OR PAYABLE TO SELLER FOR THAT ITEM; OR
IF THE ITEM WAS LOST OR MATERIALLY DAMAGED BEFORE SALE WHILE SACONDE BORE THE RISK OF LOSS, THE REASONABLY ANTICIPATED NET PAYOUT SELLER WOULD HAVE RECEIVED FROM THE ITEM, AS DETERMINED USING AVAILABLE MARKET INFORMATION.

The foregoing limitations do not apply to liability that cannot lawfully be limited.

39. INDEMNIFICATION#

Seller agrees to defend, indemnify, and hold harmless Saconde and its owners, officers, managers, employees, affiliates, contractors, authenticators, auction partners, marketplaces, agents, successors, and assigns from claims, losses, liabilities, penalties, judgments, expenses, and reasonable legal fees arising from or relating to:

Seller’s breach of this Agreement;
counterfeit, stolen, altered, or unlawful property;
Seller’s lack of ownership or authority;
liens or creditor claims;
intellectual-property claims;
inaccurate descriptions or disclosures supplied by Seller;
fraud or misrepresentation;
tax obligations imposed on Seller;
Seller’s interference with a transaction;
Seller’s violation of law;
claims by Seller’s business partners, beneficiaries, consignors, customers, family members, creditors, or principals; or
bodily injury or property damage caused by an undisclosed defect in submitted property.

Saconde may control the defense of a covered claim using counsel reasonably selected by Saconde.

Seller may not settle a claim in a manner that imposes liability, obligations, admissions, or restrictions on Saconde without Saconde’s written consent.

40. FORCE MAJEURE#

Saconde is not responsible for delay or failure caused by events outside its reasonable control, including:

fire;
flood;
earthquake;
severe weather;
natural disaster;
epidemic or pandemic;
war;
terrorism;
civil unrest;
government action;
customs delay;
labor dispute;
carrier interruption;
power outage;
internet outage;
cybersecurity incident;
marketplace outage;
payment-system disruption;
supply-chain interruption; or
another force majeure event.

Saconde may suspend, extend, relocate, reschedule, or cancel an auction or sale affected by such an event.

41. GOVERNING LAW#

This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law principles, except where federal law or a non-waivable law of another jurisdiction applies.

42. MANDATORY INDIVIDUAL ARBITRATION#

Except for claims that may not lawfully be arbitrated, Seller and Saconde agree that every dispute, claim, or controversy arising out of or relating to:

these Bulk Auction Terms;
the Seller Terms;
participation in the Bulk Auction Program;
a submitted item;
authentication;
pricing;
a sale or attempted sale;
commissions;
payouts;
shipping;
returns;
account activity; or
the relationship between Seller and Saconde

will be resolved by binding arbitration on an individual basis.

The arbitration will be administered by the American Arbitration Association under the applicable AAA rules in effect when the arbitration is filed.

Unless applicable law requires otherwise, the arbitration will take place in New York County, New York, remotely, or at another location agreed upon by the parties.

The arbitrator has exclusive authority to decide disputes concerning:

formation of this Agreement;
interpretation;
scope;
validity;
enforceability;
arbitrability; and
applicability of any waiver,

except where applicable law requires a court to decide a particular issue.

Either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction to protect property, confidential information, intellectual-property rights, or the integrity of a pending transaction while arbitration is pending.

Either party may bring an eligible individual claim in small claims court instead of arbitration.

43. CLASS ACTION, MASS ACTION, AND JURY TRIAL WAIVERS#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER AND SACONDE WAIVE THE RIGHT TO:

A JURY TRIAL;
PARTICIPATE IN A CLASS ACTION;
PARTICIPATE IN CLASS ARBITRATION;
PARTICIPATE IN A COLLECTIVE ACTION;
PARTICIPATE IN A CONSOLIDATED ACTION;
PARTICIPATE IN A MASS ARBITRATION;
ACT AS A PRIVATE ATTORNEY GENERAL;
SEEK RELIEF IN A REPRESENTATIVE CAPACITY; OR
CONSOLIDATE CLAIMS WITH CLAIMS OF ANOTHER PERSON OR ENTITY.

All claims must proceed only on an individual basis.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

If a final judicial determination holds that a particular claim or remedy cannot be arbitrated on an individual basis, only that claim or remedy will proceed in court, and all arbitrable claims will remain subject to arbitration.

44. NOTICES#

Seller must send legal notices to:

Saconde & Saconde, LLC
521 W 26th St
Floor 5
New York, NY 10001
United States

Email: Hello@saconde.com

Saconde may send notices to the email address, mailing address, telephone number, app account, or other contact information associated with Seller’s account.

Electronic notice is effective when sent unless the sender receives notice that delivery failed.

Seller is responsible for maintaining accurate contact information.

45. ASSIGNMENT#

Seller may not assign or transfer this Agreement or Seller’s rights to submitted property or proceeds without Saconde’s prior written consent.

Saconde may assign this Agreement in connection with:

a merger;
acquisition;
financing;
restructuring;
sale of assets;
transfer to an affiliate; or
transfer of the Bulk Auction Program,

provided the assignee assumes Saconde’s applicable obligations.

46. NO PARTNERSHIP OR AGENCY#

Except for Saconde’s limited authority to market and sell accepted items as expressly provided in this Agreement, nothing creates an employment, partnership, joint venture, fiduciary, franchise, or general agency relationship between Seller and Saconde.

Seller may not bind Saconde or make representations on Saconde’s behalf.

47. THIRD-PARTY BENEFICIARIES#

Saconde’s affiliates, owners, officers, employees, authenticators, contractors, marketplaces, auction partners, payment processors, and service providers are intended third-party beneficiaries of provisions that expressly protect or indemnify them, including the disclaimer, limitation-of-liability, indemnification, and dispute-resolution provisions.

Otherwise, this Agreement does not create third-party beneficiary rights.

48. WAIVER#

Failure by either party to enforce a provision does not waive the right to enforce that provision later.

A waiver is effective only if it is in writing and applies only to the specific circumstance identified.

49. SEVERABILITY#

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted or modified only to the minimum extent necessary to make it enforceable.

The remaining provisions will remain in effect.

50. SURVIVAL#

Provisions concerning:

payment adjustments;
negative balances;
taxes;
intellectual-property and media rights;
counterfeit goods;
recordkeeping;
disclaimers;
limitation of liability;
indemnification;
governing law;
arbitration;
class-action waiver; and
amounts owed

survive completion, withdrawal, termination, account deletion, or expiration of the relationship.

51. ENTIRE AGREEMENT#

These Bulk Auction Terms, together with the incorporated Seller Terms, applicable property schedules, written commission agreements, transaction confirmations, and signed addenda, constitute the entire agreement concerning Seller’s participation in the Bulk Auction Program.

They supersede prior statements, discussions, proposals, estimates, and communications concerning the same subject.

52. SELLER ACKNOWLEDGMENTS#

By accepting these Bulk Auction Terms, Seller specifically acknowledges and agrees that:

Saconde does not guarantee that any item will sell.
Saconde does not guarantee a minimum sale price or payout unless an express written reserve has been accepted.
Items may be auctioned, listed at fixed prices, bundled, wholesaled, privately sold, liquidated, or transferred among sales channels.
Actual sales prices may be substantially below retail value, original purchase price, appraisal value, or Seller expectations.
Saconde may determine pricing, sales methods, grouping, discounts, offers, and allocation of grouped proceeds.
Seller may not withdraw an item after the Active Sales Process begins without Saconde’s written approval.
Buyer payment, return periods, chargebacks, platform holds, and compliance review may delay payout.
Seller remains responsible for post-sale reversals and negative balances.
Counterfeit, stolen, unlawful, or restricted items may be retained, reported, surrendered, destroyed, or declined for return where permitted or required by law.
Saconde’s Seller Terms and Conditions are incorporated into this Agreement.
Disputes are subject to binding individual arbitration and the class-action and jury-trial waivers above.

53. CONTACT INFORMATION#

Saconde & Saconde, LLC
521 W 26th St
Floor 5
New York, NY 10001
United States

Email: Hello@saconde.com
Website: www.saconde.com

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