Bulk Auction Program Terms & Conditions

Saconde & Saconde, LLC — Bulk Auction Program Terms and 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:

  1. these Bulk Auction Terms;
  2. Saconde’s Seller Terms and Conditions;
  3. Saconde’s Privacy Policy;
  4. any intake form, property schedule, commission schedule, auction proposal, transaction confirmation, or written addendum applicable to Your items; and
  5. 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:

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:

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

  1. a written transaction-specific addendum signed or electronically accepted by both Seller and Saconde;
  2. a written Bulk Auction Property Schedule or auction confirmation accepted by both parties;
  3. these Bulk Auction Terms;
  4. Saconde’s Seller Terms and Conditions; and
  5. 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:

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:

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:

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

Saconde may require:

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:

  1. the item is sold to a buyer through an authorized transaction;
  2. title is otherwise transferred under a separate written agreement; or
  3. 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:

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:

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:

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:

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:

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:

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:

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

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

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 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:

Saconde may sell an item for less than:

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

Saconde does not guarantee:

12. RESERVE PRICES

No reserve price applies unless:

  1. Seller requests a reserve in writing;
  2. Saconde expressly accepts the reserve in writing before the applicable item enters an active sale process; and
  3. 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 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:

13. GROUPING, BUNDLING, AND LOT FORMATION

Saconde may sell items:

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:

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:

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:

Saconde is not responsible for:

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:

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

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 ItemSaconde Commission
$0–$999.9930%
$1,000–$2,999.9925%
$3,000 and above20%

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:

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:

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:

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

Payouts may be issued through:

Seller is responsible for providing accurate payout information.

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

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:

Saconde may offset amounts Seller owes against:

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:

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

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:

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:

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:

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 may refuse a withdrawal request where withdrawal may cause:

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

Approval of one withdrawal does not require approval of another.

26. UNSOLD ITEMS

An item is not considered unsold merely because:

Saconde may continue marketing an unsold item by:

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:

27. RETURN OF UNSOLD OR REJECTED ITEMS

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

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:

  1. the return is delivered to Seller or Seller’s authorized recipient; or
  2. 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:

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

Saconde is not required to return an item that:

28. STORAGE AND ABANDONED PROPERTY

Saconde may charge reasonable storage fees if:

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:

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:

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:

  1. Saconde takes confirmed physical possession of the property; or
  2. 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:

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:

Any approved compensation excludes:

31. SELLER DISCLOSURE OBLIGATIONS

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

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:

Saconde may use such content for:

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:

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:

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:

Termination does not cancel:

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:

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:

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:

SACONDE DOES NOT WARRANT THAT:

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:

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

  1. THE NET AMOUNT ACTUALLY PAID OR PAYABLE TO SELLER FOR THAT ITEM; OR
  2. 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:

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:

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:

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:

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:

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:

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:

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:

  1. Saconde does not guarantee that any item will sell.
  2. Saconde does not guarantee a minimum sale price or payout unless an express written reserve has been accepted.
  3. Items may be auctioned, listed at fixed prices, bundled, wholesaled, privately sold, liquidated, or transferred among sales channels.
  4. Actual sales prices may be substantially below retail value, original purchase price, appraisal value, or Seller expectations.
  5. Saconde may determine pricing, sales methods, grouping, discounts, offers, and allocation of grouped proceeds.
  6. Seller may not withdraw an item after the Active Sales Process begins without Saconde’s written approval.
  7. Buyer payment, return periods, chargebacks, platform holds, and compliance review may delay payout.
  8. Seller remains responsible for post-sale reversals and negative balances.
  9. Counterfeit, stolen, unlawful, or restricted items may be retained, reported, surrendered, destroyed, or declined for return where permitted or required by law.
  10. Saconde’s Seller Terms and Conditions are incorporated into this Agreement.
  11. 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