Buyout Terms & Conditions

Saconde & Saconde, LLC — Buyout Terms & Conditions — Effective Date: July 13, 2026

Saconde & Saconde, LLC
Effective Date: July 13, 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 NOTICE#

THESE BUYOUT TERMS AND CONDITIONS (“BUYOUT TERMS”) CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“SELLER,” “YOU,” OR “YOUR”) AND SACONDE & SACONDE, LLC (“SACONDE,” “WE,” “US,” OR “OUR”).

PLEASE READ THESE BUYOUT TERMS CAREFULLY BEFORE ACCEPTING A BUYOUT OFFER OR DELIVERING OR SHIPPING AN ITEM TO SACONDE FOR A PROPOSED OUTRIGHT PURCHASE.

THESE BUYOUT TERMS CONTAIN IMPORTANT PROVISIONS CONCERNING:

PRELIMINARY AND FINAL BUYOUT OFFERS;
INSPECTION AND AUTHENTICATION;
TRANSFER OF OWNERSHIP;
FINALITY OF COMPLETED BUYOUTS;
PAYMENT METHODS AND HOLDS;
COUNTERFEIT AND STOLEN ITEMS;
SHIPPING AND RISK OF LOSS;
LIMITATIONS OF LIABILITY;
INDEMNIFICATION;
MANDATORY INDIVIDUAL ARBITRATION;
WAIVER OF CLASS, MASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDINGS; AND
WAIVER OF THE RIGHT TO A JURY TRIAL.

BY CHECKING A BOX, TAPPING “ACCEPT BUYOUT,” “I AGREE,” OR A SIMILAR BUTTON, SIGNING ELECTRONICALLY, ACCEPTING A FINAL BUYOUT OFFER, OR OTHERWISE AFFIRMATIVELY AGREEING TO A BUYOUT TRANSACTION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE BUYOUT TERMS.

1. SCOPE AND RELATIONSHIP TO OTHER TERMS#

These Buyout Terms govern every proposed or completed outright purchase of an item by Saconde through:

www.saconde.com;
Saconde’s mobile applications;
Saconde’s retail or showroom location;
email;
SMS or text message;
social media or messaging platforms;
electronic-signature services;
third-party platforms;
shipping;
in-person delivery; or
another method approved by Saconde.

These Buyout Terms supplement Saconde’s then-current General Seller Terms or Seller Terms and Conditions, Privacy Policy, Payment and Payout Terms, Identity Verification and Fraud Prevention Notice, Biometric Notice and Consent, Biometric Retention and Destruction Policy, SMS Terms, Push Notification Terms, and other applicable policies.

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

an item-specific written Final Buyout Confirmation issued or expressly approved by Saconde;
these Buyout Terms;
Saconde’s General Seller Terms or Seller Terms and Conditions;
other applicable policies; and
preliminary estimates, informal messages, or verbal communications.

A Final Buyout Confirmation controls only as to the item-specific terms expressly stated in it.

2. DEFINITIONS#

“Buyout” means a completed transaction in which Saconde purchases an item outright from Seller.

“Buyout Offer” means a written offer by Saconde to purchase an identified item for an identified amount, subject to stated conditions.

“Final Buyout Confirmation” means Saconde’s written confirmation that all conditions have been satisfied and Saconde has approved the purchase.

“Final Purchase Price” means the amount Saconde agrees to pay Seller for the item, subject to any lawful withholding, offset, correction, or adjustment expressly permitted by the governing agreement.

“Item” means any handbag, accessory, watch, jewelry item, luggage, clothing, footwear, collectible, luxury good, or other property submitted for possible purchase.

“Preliminary Estimate” means any nonbinding quote, range, automated valuation, verbal indication, informal message, conditional proposal, or initial assessment provided before Final Buyout Confirmation.

“Seller” includes an individual and any business, estate, trust, fiduciary, entity, agent, representative, or other person offering property for sale.

“Submitted Content” means photographs, videos, descriptions, communications, reviews, records, usernames, likenesses, documents, product information, and other materials submitted to Saconde.

3. SACONDE’S DISCRETION#

Saconde may:

accept or reject any item;
decline to provide an estimate;
provide a Buyout Offer;
offer consignment instead;
offer both buyout and consignment;
request additional information;
revise or withdraw a preliminary offer;
limit accepted brands or categories;
refuse service; or
decline a transaction for a lawful business, compliance, fraud, safety, authentication, or risk reason.

Submission of an item does not require Saconde to purchase it.

4. ELIGIBILITY, AUTHORITY, AND SELLER INFORMATION#

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

Seller represents and warrants that Seller:

owns the item or has full authority from the lawful owner;
has authority to sell and transfer title;
has authority to bind any business, estate, trust, entity, principal, or other owner;
has disclosed every lien, security interest, financing arrangement, estate claim, marital claim, trust restriction, or other encumbrance;
has provided accurate, current, and complete information; and
will promptly update information that changes.

Saconde may require:

government-issued identification;
address and contact information;
payout details;
taxpayer identification information;
IRS Form W-9 or comparable documentation;
receipts;
proof of purchase;
provenance;
ownership documents;
estate, trust, business, or agency records;
lien releases;
authentication information;
beneficial ownership information; or
other documentation related to identity, ownership, fraud prevention, compliance, or payment.

Saconde may reject an item, revoke an offer, delay payment, or terminate a transaction if requested information is inaccurate, incomplete, inconsistent, or not provided.

5. ELECTRONIC AGREEMENT AND RECORDS#

Seller may accept these Buyout Terms or a Buyout Offer through:

a checkbox;
an “I Agree,” “Accept Buyout,” or similar button;
an electronic signature;
an app or website action;
an electronic-signature platform;
email or SMS confirmation;
a signed bill of sale;
a signed intake record; or
another affirmative written or electronic method.

Electronic signatures, electronic records, timestamps, account records, transaction logs, acceptance screens, device information, IP records, emails, SMS messages, app activity, and similar evidence may be used to establish assent and transaction terms.

Electronic acceptance has the same effect as a handwritten signature to the maximum extent permitted by law.

Seller is responsible for maintaining a device, email address, telephone number, and software capable of receiving and retaining electronic records.

6. PRELIMINARY ESTIMATES ARE NONBINDING#

Any Preliminary Estimate is provided for informational purposes only and is not a binding promise to purchase.

A Preliminary Estimate may be based on:

photographs;
Seller’s description;
automated tools;
comparable sales;
market information;
assumed condition;
assumed authenticity;
assumed completeness;
informal communications; or
incomplete information.

Every Preliminary Estimate is subject to:

physical possession;
inspection;
authentication;
condition verification;
accessories and packaging;
serial-number review;
ownership verification;
market changes;
resale demand;
legal compliance;
identity verification;
sanctions and fraud screening; and
final written approval.

Saconde may revise, reduce, withdraw, or replace a Preliminary Estimate at any time before the Buyout becomes final.

7. BUYOUT OFFERS#

A Buyout Offer may be communicated through:

Saconde’s website;
the Saconde app;
email;
SMS;
a customer portal;
an electronic-signature platform;
messaging applications;
social-media messaging;
an invoice;
a payment record;
an in-store document; or
another written or electronic method.

Unless the Buyout Offer expressly states otherwise:

it is conditional;
it may be withdrawn before finalization;
it is subject to inspection and authentication;
it may expire;
it is subject to correction of clerical, technical, mathematical, duplicate-entry, or pricing errors; and
it is contingent on completion of compliance and identity-verification procedures.

A Buyout Offer should identify the item and proposed purchase price. Additional transaction information may be contained in related records.

8. OFFER EXPIRATION#

A Buyout Offer expires at the time or on the date stated in the offer.

If no expiration is stated, Saconde may withdraw the offer at any time before Final Buyout Confirmation.

Seller’s purported acceptance after expiration or withdrawal does not bind Saconde unless Saconde reissues or confirms the offer in writing.

Market changes, item availability, fraud concerns, authentication information, pricing errors, or other circumstances may cause an offer to expire or be withdrawn.

9. PHYSICAL INSPECTION AND AUTHENTICATION#

Every item is subject to physical inspection and authentication by Saconde and/or third parties selected by Saconde.

Review may include:

condition;
construction;
materials;
stitching;
hardware;
hallmarks;
serial numbers;
date codes;
logos;
trademarks;
packaging;
accessories;
provenance;
repairs;
restoration;
alterations;
odors;
stains;
discoloration;
structural damage;
missing components;
aftermarket parts;
legal ownership;
safety;
import or export restrictions; and
stolen-property or fraud indicators.

Saconde may use:

internal reviewers;
third-party authenticators;
brand representatives;
databases;
forensic methods;
artificial-intelligence-assisted tools;
image-comparison systems;
material analysis;
identity-verification providers; and
other review methods.

Authentication opinions may differ among qualified reviewers. Saconde does not guarantee that every brand, platform, authenticator, buyer, insurer, or court will reach the same conclusion.

10. REVISION AFTER INSPECTION#

Saconde may revise or revoke an offer if inspection identifies:

undisclosed wear;
stains;
odors;
discoloration;
damage;
missing accessories;
repairs;
restoration;
alterations;
aftermarket parts;
missing or modified serial numbers;
authenticity concerns;
ownership concerns;
market changes;
inaccurate descriptions; or
another condition materially affecting value or saleability.

Saconde may then:

reject the item;
provide a revised Buyout Offer;
offer consignment;
request additional documents;
place the transaction on hold; or
return the item subject to applicable terms.

Seller is not required to accept a revised Buyout Offer. If Seller rejects it before finalization, the item may be returned subject to applicable shipping, authentication, counterfeit, handling, or other charges.

11. CONDITIONS OF FINAL ACCEPTANCE#

A Buyout does not become final unless and until Saconde determines that all applicable conditions have been satisfied, including:

Saconde has physical possession of the item;
inspection is complete;
authentication is satisfactory;
condition is verified;
Seller’s ownership and authority are satisfactory;
required identity verification is complete;
compliance review is complete;
required documents have been signed;
required tax and payment information has been provided;
no unresolved fraud, lien, sanctions, stolen-property, legal, or authenticity concern remains;
Saconde issues Final Buyout Confirmation; and
Saconde initiates or approves the purchase payment.

Until those conditions are satisfied, Saconde may:

revoke or revise the offer;
reject the item;
return the item;
place the matter on hold;
request additional information; or
propose consignment instead.

12. CORRECTION OF ERRORS#

Saconde may correct an obvious:

typographical error;
transposed number;
duplicate offer;
mathematical error;
technical malfunction;
system error;
incorrect item association;
clerical error; or
pricing error

before finalization.

If an error is discovered after payment, the parties will cooperate to correct it. Seller must return any overpayment that Seller knew or reasonably should have known resulted from an obvious error.

Saconde may offset a confirmed overpayment against other amounts payable to Seller where permitted by law.

13. SELLER REPRESENTATIONS AND WARRANTIES#

Seller represents and warrants that every item:

is authentic;
is lawfully owned;
is not counterfeit;
is not stolen;
is not fraudulently obtained;
is not subject to an undisclosed lien, security interest, lease, financing arrangement, ownership claim, or encumbrance;
is not unlawfully imported or exported;
does not bear an unauthorized or altered trademark, serial number, hallmark, stamp, or identifier;
does not infringe third-party rights;
is not the subject of an unresolved police report, insurance claim, chargeback, return fraud, or ownership dispute;
may lawfully be possessed, sold, transported, and transferred;
has been accurately described; and
does not contain undisclosed hazardous, prohibited, recalled, or regulated materials.

Seller must disclose all known:

repairs;
refinishing;
restoration;
alterations;
replacement parts;
aftermarket parts;
removed or modified serial numbers;
missing accessories;
defects;
odors;
stains;
damage; and
material condition issues.

These representations survive payment, title transfer, resale, termination, and expiration.

14. COUNTERFEIT, STOLEN, OR PROHIBITED ITEMS#

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

reject the item;
revoke or void every offer;
cancel payment;
place the item or related funds on hold;
refuse to return the item where return may be unlawful or inappropriate;
quarantine, retain, destroy, dispose of, or surrender it where permitted or required by law;
provide the item or information to law enforcement, brands, rights holders, authenticators, insurers, marketplaces, payment providers, or investigators;
terminate Seller’s account;
offset losses against amounts owed to Seller;
charge applicable fees and expenses; and
pursue available legal remedies.

Where Saconde elects to return a suspected or confirmed counterfeit, inauthentic, altered, or prohibited item and return is legally permitted, Seller is responsible for:

a $40 counterfeit or authentication handling fee per item;
return shipping;
insurance;
packaging;
carrier charges;
administrative expenses; and
other reasonably incurred costs.

Payment of a fee does not require Saconde to return an item.

Seller must reimburse Saconde for losses arising from counterfeit, stolen, unlawful, or materially misrepresented goods, including:

buyer refunds;
chargebacks;
marketplace penalties;
authentication fees;
shipping;
insurance;
investigation costs;
rights-holder claims; and
attorneys’ fees where recoverable.

15. TRANSFER OF TITLE#

Upon finalization of a Buyout:

title transfers immediately, permanently, and irrevocably to Saconde;
Seller relinquishes all right, title, ownership, possessory interest, and claim to the item;
Seller authorizes Saconde to possess, store, repair, alter, restore, modify, market, photograph, display, resell, consign, export, liquidate, donate, dismantle, or otherwise dispose of the item;
Seller has no right to control Saconde’s resale price or sales channel;
Seller has no right to profits from Saconde’s later resale;
Seller has no right to repurchase the item; and
Seller may not revoke the transaction because of later regret or market appreciation.

The Final Buyout Confirmation, payment record, bill of sale, or other transaction record may evidence title transfer.

16. FINALITY OF COMPLETED BUYOUTS#

Once finalized, a Buyout is final and cannot be canceled, rescinded, reversed, or revoked by Seller except where a non-waivable law provides otherwise.

Seller may not challenge a completed Buyout merely because:

Saconde later resells the item for more;
the market value later increases;
another buyer or dealer offers more;
a later appraisal differs;
Seller misunderstood sentimental value;
Seller experiences regret;
an auction result differs;
the item becomes scarce or collectible; or
Saconde earns a profit.

Seller acknowledges that Saconde assumes market, resale, inventory, return, pricing, and customer risk after the completed Buyout.

Nothing in this Section waives a claim based on fraud, forgery, or another right that cannot legally be waived.

17. NO CONTINUING ECONOMIC INTEREST#

After title transfers:

Seller has no commission interest;
Seller has no right to resale proceeds;
Seller has no approval right over discounts;
Seller has no right to receive profit information;
Seller has no right to recover the item;
Seller has no right to direct how the item is used or sold; and
no agency, consignment, partnership, fiduciary, or joint-venture relationship exists.

The Final Purchase Price is Seller’s complete compensation for the item unless the parties expressly agree otherwise in writing.

18. PAYMENT METHODS#

Saconde may select the payout method, which may include:

ACH;
wire transfer;
check;
Stripe or another payment processor;
Venmo;
Cash App;
Zelle;
store credit;
cash for qualified in-store buyouts;
a platform payout provider; or
another payment method introduced or approved by Saconde.

Not every method is available for every transaction.

Saconde may consider:

transaction amount;
fraud risk;
Seller location;
identity-verification status;
processor availability;
legal requirements;
operational efficiency;
payment-provider restrictions; and
internal risk controls.

Seller does not have an absolute right to select the payout method.

19. PAYMENT TIMING#

Payment may be initiated only after Saconde determines that the Buyout is final.

Processing time may depend on:

identity verification;
authentication;
tax records;
bank processing;
check issuance;
payment-provider procedures;
holidays;
compliance review;
fraud screening;
payout-method changes; and
transaction amount.

An estimated payout date is not a guarantee unless Saconde expressly states in writing that it is binding.

A payment is considered issued when Saconde submits it to the relevant bank, carrier, processor, or payment provider.

20. PAYMENT INFORMATION AND ACCOUNT CHANGES#

Seller is responsible for providing accurate:

legal name;
bank information;
routing information;
payment username;
email address;
telephone number;
mailing address; and
other payout instructions.

Saconde may require re-verification before:

adding a payout method;
changing a bank account;
changing a payment username;
changing a mailing address;
redirecting a check;
replacing a check; or
issuing payment to a third party.

Saconde may reject or delay a payout change that appears suspicious, incomplete, inconsistent, unauthorized, or high risk.

Saconde is not responsible for payment sent according to inaccurate information supplied by Seller, except where liability cannot legally be excluded.

21. PAYMENT-PROVIDER RISKS#

Financial institutions and payment providers may independently:

delay;
reject;
freeze;
reverse;
investigate;
limit; or
block

a transaction.

Instant payment services may be difficult or impossible to reverse after completion.

Seller is responsible for:

banking fees;
intermediary fees;
currency-conversion fees;
payment-provider charges imposed on Seller; and
maintaining access to the designated account.

Saconde is not responsible for a provider’s independent conduct except to the extent required by law.

22. PAYMENT HOLDS AND OFFSETS#

Saconde may delay, withhold, reserve, cancel, reduce, or offset payment while investigating or resolving:

authenticity concerns;
ownership disputes;
liens;
fraud;
sanctions;
money-laundering risk;
stolen-property reports;
law-enforcement requests;
incomplete tax records;
inaccurate payout information;
account compromise;
payment-provider holds;
Seller indebtedness;
counterfeit-related expenses;
overpayments;
competing claims; or
another issue affecting whether payment is properly payable.

A hold may remain in effect for a commercially reasonable period or the period required by the relevant investigation, legal process, provider, regulator, or dispute.

23. CASH PAYMENTS#

Cash may be offered only for qualified in-store Buyouts and only at Saconde’s discretion.

Saconde may:

limit cash amounts;
require advance approval;
require government-issued identification;
require a receipt or bill of sale;
require tax information;
refuse cash where there are security or compliance concerns; or
substitute another payment method.

Seller is responsible for counting and verifying cash before leaving the location. Any discrepancy must be reported before Seller leaves, except where otherwise required by law.

24. CHECK PAYMENTS#

If payment is made by check:

Seller must maintain an accurate mailing address;
Saconde may require signature delivery;
Seller must promptly report nonreceipt;
stop-payment and replacement procedures may require waiting periods;
Saconde may require an affidavit concerning a lost, stolen, or destroyed check; and
Seller must return or destroy a replaced original check if later received.

Seller may be responsible for bank fees caused by Seller’s improper deposit, duplicate deposit, or inaccurate instructions.

25. STORE CREDIT#

Where Seller accepts store credit:

the amount and any promotional enhancement will be stated in the transaction record;
purchased-value and promotional-value portions may be treated differently;
use is subject to Saconde’s Gift Card and Store Credit Terms;
store credit is not cash except where law requires redemption;
promotional credit may expire where permitted and properly disclosed; and
Seller may not convert store credit to another payout method after finalization unless Saconde agrees or law requires otherwise.

26. TAX INFORMATION#

Seller is responsible for determining and satisfying Seller’s tax obligations.

Saconde may request:

taxpayer identification information;
Form W-9;
business records;
exemption documentation; or
other tax information.

Saconde may delay payment until required information is received.

Saconde or a payment provider may issue Form 1099 or another tax report where required and may apply legally required withholding.

Nothing Saconde provides constitutes tax advice.

27. SHIPPING AND APPROVED TRANSIT#

Saconde accepts responsibility for risk of loss or material damage only when:

Saconde takes physical possession of the shipment; or
Seller uses a Saconde-approved label, carrier, and shipping method and the parcel is physically tendered to and scanned by the approved carrier into its tracking system (“Approved Transit”).

Seller bears all risk before Approved Transit.

Saconde is not responsible for losses caused by:

inadequate packaging;
inaccurate address or label information;
use of an unapproved carrier;
failure to obtain a carrier scan;
prohibited contents;
preexisting damage;
customs action;
Seller’s breach;
ordinary carrier delays; or
events beyond Saconde’s reasonable control.

28. PACKAGING AND DOCUMENTATION#

Before shipping, Seller must:

photograph each item and accessory;
document serial numbers, date codes, hallmarks, and identifying features;
photograph packaging and the sealed parcel;
retain the tracking number;
obtain a carrier receipt; and
preserve other evidence reasonably necessary to establish contents and condition.

For high-value or disputed shipments, Saconde may require a continuous, unedited video showing:

each item;
condition;
accessories;
packaging;
sealing;
label application; and
final preparation for tender.

Saconde may request original files, timestamps, metadata, receipts, identification, and carrier records.

Failure to provide reasonably requested evidence may prevent Saconde or a carrier from validating a claim.

29. SHIPPING CLAIMS#

A claim involving loss, theft, shortage, tampering, misdelivery, or material damage must be reported in writing within fifteen days after delivery confirmation or within fifteen days after Seller reasonably should have discovered the issue, whichever occurs first, unless a longer period is required by law.

Claims must include available:

photographs;
videos;
receipts;
tracking records;
packaging evidence;
item descriptions;
ownership records; and
other requested documentation.

If Saconde accepts responsibility, Saconde may elect to:

repair the item;
return it;
replace it with substantially similar inventory;
compensate Seller using the accepted or reasonably expected Buyout value;
provide another commercially reasonable remedy; or
deny the claim where evidence is insufficient or fraud is suspected.

Compensation excludes sentimental value, speculative appreciation, indirect damages, and lost opportunities to the extent permitted by law.

30. REJECTED ITEMS AND RETURNS TO SELLER#

If Saconde rejects an item before finalization, Saconde may return it using:

Seller’s address on file;
a carrier selected by Saconde;
signature confirmation;
insured shipping;
in-store pickup; or
another reasonable method.

Seller may be responsible for:

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

Counterfeit, stolen, prohibited, or legally restricted items are governed by Section 14 and may not be returnable.

Risk of loss for a returned item transfers to Seller when the item is delivered, collected by Seller or Seller’s representative, or as otherwise provided by the applicable shipping terms.

31. UNCLAIMED PROPERTY#

An item may be treated as unclaimed if:

Seller fails to pay required return charges;
Seller fails to provide a valid address;
delivery repeatedly fails;
Seller refuses delivery;
Seller fails to retrieve an item designated for pickup; or
Seller fails to respond to repeated communications.

Saconde will provide notice and a reasonable opportunity to respond before treating property as abandoned, subject to applicable law.

If Seller fails to respond or arrange return within the period stated in the notice, Saconde may, to the extent permitted by law:

continue storing the item and charge storage fees;
return it using available information;
liquidate it to recover unpaid charges;
donate it;
dispose of it; or
exercise another lawful remedy.

Nothing authorizes disposal contrary to applicable unclaimed-property, lien, consumer-protection, or other non-waivable law.

32. CONTENT LICENSE AND SACONDE-CREATED MATERIALS#

Seller grants Saconde a worldwide, royalty-free, transferable, sublicensable license to use Submitted Content for:

valuation;
authentication;
fraud prevention;
transaction administration;
listings;
advertising;
marketing;
social media;
marketplace syndication;
customer service;
legal compliance;
dispute resolution;
training;
analytics;
artificial-intelligence-assisted business functions; and
other lawful business purposes.

The license includes the right to:

reproduce;
store;
host;
display;
publish;
distribute;
crop;
edit;
enhance;
translate;
annotate;
combine;
archive; and
create derivative materials.

Seller represents that Seller has the rights and permissions necessary to provide Submitted Content.

Saconde owns photographs, videos, descriptions, edits, listings, graphics, and other materials created by or for Saconde, excluding Seller’s underlying rights in Seller-provided content.

Saconde may retain transaction, item, valuation, authentication, fraud-prevention, and resale records after the transaction ends.

33. PRIVACY, IDENTITY VERIFICATION, AND BIOMETRICS#

Saconde may collect and process information for:

account administration;
identity verification;
authentication;
fraud prevention;
sanctions screening;
payment;
shipping;
customer service;
legal compliance;
marketplace administration; and
transaction records.

Device-based Face ID, Touch ID, fingerprint, or similar login is controlled by the device operating system. Saconde ordinarily receives only a success or failure response and not the device biometric template.

Separate identity-verification services may involve ID review, selfies, facial comparison, liveness detection, or related processes where permitted by law and subject to required notices and consents.

Additional information appears in Saconde’s Privacy Policy, Identity Verification and Fraud Prevention Notice, Biometric Notice and Consent, and Biometric Retention and Destruction Policy.

34. COMMUNICATIONS#

Seller consents to transactional and service-related communications concerning:

item submissions;
inspections;
authentication;
estimates;
revised offers;
Buyout Offers;
payment;
shipping;
account security;
fraud prevention;
disputes; and
customer support.

Communications may be sent by email, telephone, SMS, app notification, push notification, messaging platform, or another channel provided by Seller.

Marketing messages are subject to separate consent where required. Marketing consent is not a condition of a Buyout.

35. COMPLIANCE, FRAUD, SANCTIONS, AND LEGAL HOLDS#

Saconde may screen Seller, items, addresses, transactions, payout instructions, and related parties for:

fraud;
stolen property;
sanctions;
money laundering;
counterfeit activity;
payment risk;
marketplace compliance;
law-enforcement matters; and
legal or regulatory obligations.

Saconde may delay, reject, cancel, suspend, investigate, freeze, report, or place a legal hold on a transaction or account when reasonably necessary.

Saconde may cooperate with law enforcement, courts, regulators, payment providers, marketplaces, brands, rights holders, insurers, and authenticators.

36. DISCLAIMER OF WARRANTIES#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SACONDE’S VALUATION, INSPECTION, AUTHENTICATION, PAYMENT, SHIPPING, AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

SACONDE DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RESULTS, TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.

SACONDE DOES NOT WARRANT THAT:

A PRELIMINARY ESTIMATE WILL BECOME A FINAL OFFER;
AN ITEM WILL BE ACCEPTED;
EVERY AUTHENTICATOR WILL AGREE;
PAYMENT PROVIDERS WILL NOT DELAY OR REJECT A TRANSACTION;
AN ITEM WILL HAVE A PARTICULAR MARKET VALUE; OR
THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

These disclaimers do not limit rights that cannot lawfully be waived.

37. LIMITATION OF LIABILITY#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SACONDE AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST OPPORTUNITIES, SENTIMENTAL VALUE, OR SPECULATIVE APPRECIATION.

EXCEPT FOR LIABILITY THAT CANNOT LEGALLY BE LIMITED, SACONDE’S AGGREGATE LIABILITY ARISING FROM AN ITEM WILL NOT EXCEED:

FOR A COMPLETED BUYOUT, THE FINAL PURCHASE PRICE; OR
FOR AN ITEM NOT PURCHASED, THE AMOUNT SACONDE EXPRESSLY AGREED IN WRITING TO PAY FOR AN ACCEPTED SHIPPING OR POSSESSION CLAIM.

The limitation does not apply to the extent a court or arbitrator determines that liability arose from Saconde’s fraud, willful misconduct, gross negligence, or another basis that cannot lawfully be limited.

38. INDEMNIFICATION#

To the maximum extent permitted by law, Seller will defend, indemnify, and hold harmless Saconde and its owners, officers, managers, employees, affiliates, contractors, agents, successors, and assigns from claims, liabilities, losses, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising from:

Seller’s breach;
false information;
lack of ownership or authority;
counterfeit or stolen goods;
liens or creditor claims;
intellectual-property claims;
undisclosed alterations or damage;
unlawful import or export;
fraud;
Submitted Content;
Seller’s taxes; or
Seller’s violation of law.

Saconde may control the defense of a covered claim. Seller may not settle a claim imposing liability or obligations on Saconde without Saconde’s written consent.

This section does not require indemnification for Saconde’s own liability to the extent prohibited by law.

39. TERMINATION#

Saconde may suspend or terminate Seller’s account or participation for:

breach;
fraud;
counterfeit activity;
stolen-property concerns;
abusive conduct;
legal or compliance risk;
repeated disputes; or
another legitimate business reason.

Termination does not affect:

a completed Buyout;
title already transferred;
payment obligations;
investigations;
legal holds;
indemnification duties;
arbitration provisions; or
provisions intended to survive.

40. CHANGES TO THESE TERMS#

Saconde may update these Buyout Terms prospectively.

The version accepted for a particular Buyout generally governs that transaction unless:

Seller accepts revised terms;
the change is required by law;
the change is administrative and does not materially reduce Seller’s rights;
a platform or payment provider requires a procedural change; or
the parties otherwise agree.

Material changes to payment, title transfer, arbitration, liability, or counterfeit provisions will not be applied retroactively to a finalized Buyout without legally sufficient notice and assent where required.

41. GOVERNING LAW#

These Buyout Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provision to the extent applicable.

Mandatory protections of another jurisdiction apply to the extent they cannot legally be waived.

42. INFORMAL DISPUTE RESOLUTION#

Before commencing arbitration, the complaining party must send a written Notice of Dispute containing:

the party’s name and contact information;
account or transaction information;
a description of the dispute;
the relief requested; and
supporting documents reasonably available.

Notices to Saconde must be sent to hello@saconde.com and to:

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

The parties will attempt in good faith to resolve the dispute for at least thirty days after receipt of a complete Notice of Dispute.

A party may seek temporary emergency relief where necessary to prevent immediate and irreparable harm.

43. BINDING INDIVIDUAL ARBITRATION#

Except for claims expressly excluded below, every dispute, claim, or controversy arising out of or relating to:

these Buyout Terms;
an item;
valuation;
inspection;
authentication;
ownership;
a Buyout Offer;
title transfer;
payment;
shipping;
privacy;
communications;
the parties’ relationship; or
termination

shall be resolved by binding arbitration on an individual basis.

The arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules or Commercial Arbitration Rules, depending on the nature of the transaction and parties, unless the parties agree to another administrator.

The arbitration may occur by documents, telephone, video conference, or in person as permitted by the applicable rules.

Unless required otherwise by law or the applicable arbitration rules, the arbitration location will be New York County, New York.

The arbitrator may award any individual relief available in court but may not award relief for persons who are not parties to the arbitration.

44. ARBITRATION EXCEPTIONS#

Either party may:

bring an eligible individual claim in small claims court;
seek temporary or preliminary injunctive relief in court to prevent actual or threatened misuse of intellectual property, theft, fraud, data compromise, unauthorized transfer of property, or other immediate irreparable harm;
report matters to government agencies or law enforcement; or
pursue remedies that applicable law expressly prohibits from being arbitrated.

Any court proceeding must be brought in a court of competent jurisdiction, subject to mandatory law.

45. CLASS, MASS, COLLECTIVE, AND REPRESENTATIVE ACTION WAIVER#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER AND SACONDE AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

THE PARTIES WAIVE THE RIGHT TO:

A CLASS ACTION;
CLASS ARBITRATION;
MASS ARBITRATION;
COLLECTIVE ACTION;
CONSOLIDATED PROCEEDING;
REPRESENTATIVE ACTION;
PRIVATE ATTORNEY GENERAL ACTION; OR
RELIEF ON BEHALF OF OTHER PERSONS.

The arbitrator may not consolidate claims or preside over a representative proceeding without the written consent of all affected parties.

Questions concerning the existence, validity, scope, or enforceability of the arbitration agreement are for the arbitrator, except that a court will decide any issue that governing law requires a court to decide.

If the class or representative waiver is finally held unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court only to the extent required, and remaining arbitrable claims will remain in arbitration unless applicable law requires otherwise.

46. JURY-TRIAL WAIVER#

FOR ANY DISPUTE THAT PROCEEDS IN COURT, SELLER AND SACONDE KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

47. SEVERABILITY#

If any provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective.

48. ASSIGNMENT#

Seller may not assign these Buyout Terms or transaction rights without Saconde’s written consent.

Saconde may assign these Terms or related rights in connection with a merger, financing, reorganization, sale of assets, affiliate transaction, or transfer of the applicable business, subject to applicable law.

49. NO WAIVER#

A failure or delay in enforcing a provision is not a waiver.

A waiver must be contained in a written record authorized by the party granting it.

50. ENTIRE AGREEMENT#

These Buyout Terms, the Final Buyout Confirmation, Saconde’s General Seller Terms or Seller Terms and Conditions, and incorporated policies constitute the agreement governing the Buyout.

Seller acknowledges that Seller has not relied on a promise, valuation, resale projection, or guarantee not included in the governing written records.

51. CONTACT INFORMATION#

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

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

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