Seller Terms & Conditions

Saconde & Saconde, LLC
Revised: June 24, 2026
Company Name: Saconde & Saconde, LLC
Principal Place of Business: New York, United States
Website: www.saconde.com

THESE SELLER TERMS AND CONDITIONS (“AGREEMENT”) CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU (“YOU,” “YOUR,” OR “SELLER”) AND SACONDE & SACONDE, LLC (“SACONDE,” “WE,” “US,” OR “OUR”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBMITTING ANY ITEM, PRODUCT, OR PROPERTY TO US FOR EVALUATION, CONSIGNMENT, BUYOUT, SALE, AUTHENTICATION, OR OTHER SERVICES.

BY SUBMITTING ANY ITEM TO SACONDE, INCLUDING THROUGH SACONDE.COM, EMAIL, TEXT MESSAGE, SOCIAL MEDIA, OR IN PERSON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.

THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT ON AN INDIVIDUAL BASIS, CLASS ACTION WAIVER, LIMITATION OF LIABILITY, AND DISCLAIMERS OF WARRANTIES.

1. OVERVIEW OF SERVICES#

Saconde & Saconde, LLC operates a luxury goods platform specializing in designer handbags, accessories, watches, jewelry, luggage, clothing, footwear, and other luxury goods and collectibles.

Through Saconde and Saconde.com, we may, in our sole discretion:

• Offer to purchase items outright (“Buyout Offer”);
• Offer to accept items on consignment (“Consignment Offer”);
• Offer both a Buyout Offer and a Consignment Offer;
• Decline to make any offer whatsoever.

Submission of an item does not guarantee acceptance, purchase, authentication, listing, or sale.

All offers are discretionary and non-binding until finalized in writing by Saconde upon in person verification.

2. MOBILE APP AND DIGITAL SERVICES#

Saconde may make its services available through Saconde.com, mobile applications, iOS applications, Android applications, online portals, third-party marketplaces, messaging platforms, and other digital services.

Use of Saconde’s mobile application or digital services is subject to these Seller Terms, Saconde’s App Terms of Use, Privacy Policy, Biometric Notice and Consent, SMS/Push Notification Terms, and any additional notices presented in the app or during the transaction.

By creating an account, submitting an item, accepting a buyout offer, accepting a consignment offer, enabling app permissions, using biometric login, completing identity verification, or continuing to use the app, Seller agrees to the applicable terms and policies then in effect.

Apple, Google, and other app store providers are not parties to any seller transaction, buyout, consignment, authentication review, payout, return, or dispute between Seller and Saconde.

3. ELECTRONIC ACCEPTANCE; ELECTRONIC RECORDS#

Seller may be required to affirmatively accept these Seller Terms by checking a box, tapping an “I Agree” button, signing electronically, accepting an offer, submitting an item, or otherwise confirming acceptance through Saconde’s website, app, portal, electronic signature platform, email, SMS, or other digital method.

Seller agrees that electronic signatures, electronic records, clickwrap acceptance, checkbox consent, timestamps, IP addresses, device identifiers, account activity logs, transaction logs, and acceptance records may be used to evidence Seller’s agreement to these Terms, any offer, any consignment arrangement, any buyout transaction, any payout instruction, or any related policy.

Seller agrees that electronic acceptance has the same legal effect as a handwritten signature to the maximum extent permitted by applicable law.

4. COMPLIANCE; SANCTIONS; AML; HIGH-RISK TRANSACTIONS#

Saconde may screen sellers, transactions, payout information, submitted items, shipping addresses, and related parties for fraud prevention, sanctions compliance, anti-money laundering compliance, law enforcement compliance, payment processor requirements, marketplace requirements, and other legal or risk-based purposes.

Saconde may delay, reject, cancel, suspend, hold, investigate, or report any transaction where Saconde believes there may be fraud, sanctions risk, money laundering risk, counterfeit risk, stolen goods risk, payment risk, legal risk, or violation of Saconde policy.

5. SELLER ACCOUNT AND INFORMATION#

To sell or consign items with Saconde, you may be required to provide:

• Legal name;
• Government-issued identification;
• Address;
• Telephone number;
• Email address;
• Payment information;
• Taxpayer identification information;
• Banking information;
• Proof of ownership or purchase documentation;
• Additional compliance documentation upon request including identity verification materials, authentication photographs, biometric verification information, or related security and fraud-prevention documentation where permitted by law.

You represent and warrant that all information provided is true, accurate, current, and complete.

Failure to provide accurate information may result in:

• Rejection of items;
• Delayed payments;
• Cancellation of offers;
• Suspension or termination of services;
• Reporting to applicable authorities where required by law.

Seller acknowledges and agrees that Saconde may collect, store, process, retain, analyze, archive, and disclose personal information, transaction information, authentication records, communications, photographs, videos, metadata, biometric information, identity verification information, and compliance-related records in accordance with Saconde’s Privacy Policy.

6. ACCOUNT SECURITY#

Seller is responsible for maintaining the confidentiality of Seller’s login credentials, device access, passwords, verification codes, and account security settings. Seller must promptly notify Saconde of any suspected unauthorized access, account compromise, unauthorized payout change, suspicious communication, or fraudulent activity.

Saconde may suspend access, delay transactions, require re-verification, or freeze payouts if Saconde suspects unauthorized access, fraud, account takeover, or security risk.

7. AGE; AUTHORITY; LEGAL CAPACITY#

Seller must be at least eighteen (18) years old and legally capable of entering into a binding agreement. Seller represents and warrants that Seller has full legal authority to submit, sell, consign, transfer, and receive payment for all submitted items.

If Seller acts on behalf of a business, estate, trust, entity, or another person, Seller represents and warrants that Seller has full authority to bind that party and may be required to provide documentation confirming such authority.

8. ACCOUNT DELETION#

If Seller creates an account through Saconde’s website or app, Seller may request account deletion through the app, website, or by contacting Saconde.

Account deletion may not immediately delete records Saconde is legally required or permitted to retain, including transaction records, seller submissions, tax records, payout records, authentication records, counterfeit review records, fraud-prevention records, security logs, biometric consent records, dispute records, chargeback records, legal compliance records, law enforcement records, and records necessary to enforce agreements or protect legal rights.

Saconde may retain such records for the period required or permitted by applicable law and will handle personal information in accordance with Saconde’s Privacy Policy.

9. APP PERMISSIONS AND DEVICE FEATURES#

The app may request access to device features or information, including camera, photo library, microphone, push notifications, location, device identifiers, files, contacts, biometric authentication features, and other device permissions.

These permissions may be used for purposes such as item submission, photography, video uploads, authentication, identity verification, fraud prevention, account security, transaction updates, shipping updates, customer support, marketing communications where permitted, and app functionality.

Seller may disable certain permissions through device settings. Disabling permissions may limit or prevent certain app features from working properly.

10. PROHIBITED APP AND PLATFORM CONDUCT#

Seller shall not misuse Saconde’s app, website, accounts, systems, or services. Prohibited conduct includes attempting unauthorized access, bypassing verification, submitting false information, impersonating another person, using stolen identity or payment information, uploading malicious code, scraping data, reverse engineering the app, interfering with security features, manipulating reviews or promotions, abusing return or payout processes, submitting counterfeit or stolen goods, or using Saconde’s services for unlawful, fraudulent, deceptive, or unauthorized activity.

11. APP STORE AND DATA SAFETY DISCLOSURES#

Seller acknowledges that Saconde’s app store privacy disclosures, including Apple App Privacy disclosures and Google Play Data Safety disclosures, are intended to summarize certain privacy practices for app store purposes.

Saconde’s collection, use, disclosure, retention, and processing of personal information are described more fully in Saconde’s Privacy Policy. In the event of a conflict between these Seller Terms and Saconde’s Privacy Policy regarding privacy-specific matters, the Privacy Policy shall govern.

12. STATE PRIVACY RIGHTS#

Residents of certain states may have privacy rights relating to access, deletion, correction, portability, opt-out, appeal, sensitive personal information, targeted advertising, profiling, or similar matters. These rights are described in Saconde’s Privacy Policy.

13. COMMUNICATIONS; SMS; PUSH NOTIFICATIONS#

Seller consents to receive transactional and account-related communications from Saconde, including communications about account activity, item submissions, authentication, offers, consignments, buyouts, payouts, shipping, returns, fraud prevention, security, disputes, and customer service. These communications may be sent by email, phone, SMS, MMS, app notification, push notification, messaging platform, or other communication method.

Marketing SMS or MMS messages will be sent only where permitted by law and, where required, only after Seller provides separate consent. Consent to marketing text messages is not required as a condition of purchase, sale, consignment, account creation, or use of Saconde’s services.

Seller may opt out of marketing text messages by following the unsubscribe instructions, including replying STOP where applicable. Message and data rates may apply. Saconde may continue sending transactional, security, account, and service-related messages where permitted by law.

Seller may enable or disable push notifications through device settings. Push notifications may include account alerts, item status updates, offer updates, payout updates, shipping updates, security alerts, promotions, and marketing notifications where permitted.

14. BIOMETRIC LOGIN; IDENTITY VERIFICATION; FRAUD PREVENTION#

Saconde may offer or require certain account security, identity verification, fraud prevention, or transaction verification tools in connection with seller accounts, item submissions, buyout offers, consignment transactions, payouts, and app use.

Device-based biometric login, such as Face ID, Touch ID, fingerprint unlock, or similar device authentication, may be used only if Seller enables it on Seller’s device. Saconde does not receive or store Seller’s device biometric template when device-based biometric login is used. Such authentication is processed by the device operating system, and Saconde receives only an authentication success or failure signal.

Separate from device-based biometric login, Saconde or its service providers may use identity verification tools, including government ID review, selfie verification, facial comparison, liveness detection, fraud prevention tools, account security tools, and related verification technologies where permitted by law and subject to applicable notices and consents.

Where required by law, Saconde will provide additional notices, consents, retention disclosures, and destruction policies before collecting or processing biometric identifiers, biometric information, facial scans, facial geometry, or similar regulated biometric data.

Additional details are provided in Saconde’s Privacy Policy, Biometric Notice and Consent, and Biometric Data Retention and Destruction Policy.

15. ITEM SUBMISSIONS#

Items submitted to Saconde may be evaluated for:

• Authenticity;
• Marketability;
• Condition;
• Current market demand;
• Legal compliance;
• Ownership verification;
• Geographic sale restrictions;
• Other business or risk considerations.

Saconde reserves the absolute right to:

• Accept or reject any item;
• Withdraw any preliminary offer;
• Refuse service to any person;
• Limit categories or brands accepted;
• Remove listings at any time;
• Require additional documentation or verification.

16. BUYOUT OFFERS#

Saconde reserves the unrestricted right to:

• decline any item for buyout consideration;
• offer consignment instead of a buyout;
• offer both consignment and buyout options;
• request additional documentation or authentication;
• withdraw any offer at any time prior to final acceptance.
  (a) Preliminary Evaluations and Estimates

Any verbal quote, preliminary estimate, market range, automated estimate, or informal communication provided by Saconde is non-binding and provided solely for informational purposes.

All preliminary valuations are subject to:

• physical inspection;
• authentication review;
• condition verification;
• market fluctuations;
• completeness of accessories and packaging;
• current resale demand;
• risk review;
• compliance review.

Saconde may revise, reduce, or revoke any preliminary valuation or offer at any time before issuance of final written confirmation. Seller acknowledges that preliminary valuations may be materially revised based on undisclosed wear, odors, stains, discoloration, alterations, missing accessories, structural issues, damage, repairs, restorations, modifications, or other condition issues identified during inspection.

(b) Communication of Buyout Offers

A Buyout Offer may be communicated through:

• email;
• Saconde.com;
• customer portal;
• SMS or text message;
• messaging applications;
• social media messaging;
• invoice;
• payment request;
• electronic signature platform;
• or other written or electronic communication.

Unless otherwise expressly stated in writing:

• all offers are revocable;
• all offers are subject to correction of errors;
• all offers may expire without notice;
• all offers are conditioned upon successful authentication and final approval.

Saconde reserves the right to correct:

• pricing errors;
• clerical errors;
• duplicate offers;
• technical errors;
• valuation discrepancies.
  (c) Authentication and Inspection

All submitted items are subject to inspection, authentication, and approval by Saconde and/or third-party authentication providers selected by Saconde.

Saconde reserves the right to:

• Reject any item believed to be counterfeit, altered, stolen, damaged, misrepresented, or otherwise unsuitable;
• Request receipts, proof of purchase, provenance records, identification, or other documentation;
• Use third-party authenticators, databases, AI systems, or forensic review methods;
• Use identity verification systems, facial recognition technologies, biometric authentication systems, liveness detection tools, or fraud-prevention technologies;
• Place transactions on hold pending investigation.
• Counterfeit, inauthentic, stolen, unlawfully branded, or prohibited items are subject to the separate counterfeit item provisions in Section 8 and may not be eligible for return.

Seller acknowledges and agrees that authentication determinations are made in Saconde’s sole discretion. Saconde may be legally restricted from returning counterfeit merchandise and may retain, destroy, dispose of, surrender, or report such items where permitted or required by applicable law.

(d) Conditions Required for Final Acceptance

A Buyout Offer shall not become final or binding unless and until all of the following occur:

1. Saconde receives physical possession of the item;
2. Saconde completes inspection and authentication to its satisfaction;
3. Seller executes any requested agreements, invoices, bills of sale, tax forms, or transfer documentation;
4. Seller successfully completes any requested identity verification or compliance review;
5. Saconde issues final written approval or confirmation of purchase;
6. Payment is initiated by Saconde.

Until all required conditions are satisfied, Saconde may:

• revoke the offer;
• modify the offer;
• reject the item;
• return the item;
• convert the transaction into a consignment proposal.
  (e) Transfer of Ownership

Upon completion of a finalized buyout transaction:

• title to the item transfers immediately, permanently, and irrevocably to Saconde;
• Seller relinquishes all rights, title, ownership interests, claims, and possession rights to the item;
• Saconde shall have unrestricted authority to:
  • resell;
  • alter;
  • repair;
  • authenticate;
  • market;
  • consign;
  • export;
  • modify;
  • liquidate;
  • or otherwise dispose of the item.

Seller acknowledges that once ownership transfers:

• Seller shall have no further rights to the item;
• Seller shall have no right to repurchase the item;
• Seller shall have no right to revoke the transaction.
  (f) Finality of Transactions

All finalized buyout transactions are final.

No:

• returns;
• refunds;
• reversals;
• cancellations;
• repurchases;
• exchanges;
• chargebacks;
• rescissions;

shall be permitted except where expressly required by non-waivable law.

Seller waives any right to dispute a completed buyout transaction based on:

• subsequent market appreciation;
• emotional or sentimental value;
• later valuations;
• auction results;
• resale pricing;
• buyer remorse.
  (g) Payment Terms

Payments may be issued by:

• ACH transfer;
• wire transfer;
• check;
• store credit;
• digital payment provider;
• Stripe or other payment processors;
• or another payment method selected by Saconde.

Payments may also be issued through Zelle or similar instant payment services.

Seller acknowledges and agrees that:

• Zelle transfers may be immediate and irreversible;
• Seller is solely responsible for providing accurate payment information;
• Saconde shall not be liable for payments sent to incorrect accounts due to inaccurate information provided by Seller;
• Financial institutions and payment providers may independently delay, reject, freeze, reverse, or investigate transactions;
• Saconde may require additional verification prior to issuing Zelle payments.

Saconde may delay or withhold payment for:

• fraud review;
• compliance review;
• identity verification;
• law enforcement requests;
• chargeback risk;
• suspicious activity;
• documentation deficiencies.

Seller is solely responsible for:

• accurate payment information;
• tax reporting obligations;
• banking fees;
• intermediary fees;
• currency conversion fees where applicable.

PAYOUT ACCOUNT CHANGES#

Seller is responsible for maintaining accurate payout information. Saconde may require additional verification before adding, changing, or using any payout method, bank account, Zelle account, payment processor account, mailing address, or other payment destination.

Saconde may delay payment if a payout account change appears suspicious, incomplete, inconsistent, unauthorized, or high risk. Saconde shall not be responsible for losses caused by inaccurate information provided by Seller or unauthorized access to Seller’s account, except where required by law.

(h) Fraud Prevention and Compliance

Saconde reserves the right to:

• refuse service;
• cancel transactions;
• freeze payouts;
• retain submitted items where legally permitted;
• cooperate with law enforcement, brands, marketplaces, and payment processors;
• report suspicious activity.

Submission of counterfeit, stolen, altered, fraudulently obtained, or materially misrepresented items may result in:

• permanent account termination;
• forfeiture of payment;
• civil liability;
• criminal referral;
• reimbursement obligations for damages, fees, and investigative costs incurred by Saconde.

17. CONSIGNMENT OFFERS#

If Saconde elects to offer consignment services:

Submission of an item to Saconde does not guarantee acceptance for consignment, listing, marketing, or sale.

Saconde reserves the unrestricted right to:

• accept or reject any item for consignment;
• remove any item from consignment at any time;
• convert a consignment opportunity into a buyout offer;
• request additional documentation or authentication;
• decline service to any Seller;
• determine whether an item is commercially suitable for resale.

(a) Ownership of Consigned Property

Unless and until a Consigned Property item is sold or otherwise disposed of pursuant to this Agreement:

• Seller retains legal ownership of the item;
• Saconde acts solely as a consignee and resale facilitator.

Notwithstanding the foregoing, Seller grants Saconde a worldwide, transferable, sublicensable right and authorization to:

• possess;
• store;
• photograph;
• clean;
• authenticate;
• repair;
• market;
• advertise;
• display;
• transport;
• promote;
• list;
• relist;
• discount;
• and sell the Consigned Property.

Seller authorizes Saconde to use photographs, videos, trademarks, descriptions, logos, serial numbers, and other item-related content for advertising, marketing, archival, and resale purposes. Seller grants Saconde the irrevocable intellectual property and usage rights set forth in the ‘Content License; Media Rights; User Submissions’ section of this Agreement.

(b) Pricing and Sales Discretion

Saconde shall have sole and exclusive discretion regarding all aspects of the consignment process, including but not limited to:

• listing price;
• estimated market value;
• reserve pricing;
• promotional pricing;
• markdown schedules;
• discounts;
• offers to buyers;
• bundled sales;
• marketplace placement;
• homepage or featured placement;
• photography and editing;
• product descriptions;
• item categorization;
• timing of listing;
• sales channels;
• marketing campaigns;
• social media promotion;
• retail display;
• showroom placement;
• inventory storage location;
• cross-platform syndication;
• duration of listing;
• relisting decisions;
• removal from sale.

Saconde may:

• reduce pricing;
• offer discounts;
• issue promotional codes;
• participate in marketplace-wide sales;
• negotiate directly with buyers;
• accept reasonable offers below listing price;
  without prior notice to Seller unless otherwise agreed in writing.

Seller acknowledges that resale markets fluctuate significantly and pricing may change rapidly due to:

• seasonality;
• demand;
• condition;
• inventory levels;
• market saturation;
• fashion trends;
• brand performance;
• economic conditions.

Saconde does not guarantee:

• any minimum sale price;
• any estimated value;
• any sale timeline;
• any specific marketing exposure;
• that an item will sell at all.

(c) Authentication, Repair, and Conditioning

Saconde may, in its sole discretion:

• inspect;
• authenticate;
• clean;
• steam;
• polish;
• photograph;
• repair;
• restore;
• recondition;
• replace packaging materials;
• or otherwise prepare Consigned Property for sale.

Minor repairs, restoration, or conditioning may be performed without prior notice where commercially reasonable.

Saconde may photograph, video record, scan, document, or otherwise digitally record submitted items, packaging, accessories, serial numbers, condition details, and related materials at intake, inspection, authentication, storage, processing, shipment, return, or other operational stages.

Such records may be used for authentication, fraud prevention, condition verification, insurance claims, investigations, dispute resolution, legal compliance, operational analytics, archival purposes, training, and evidentiary purposes.

Saconde may deduct reasonable:

• repair costs;
• restoration expenses;
• cleaning fees;
• shipping fees;
• handling fees;
• insurance fees;
• authentication costs;
• storage costs;
• chargeback losses;
• marketplace fees;
  from Seller proceeds where permitted by law.

(d) Consignment Period

Unless otherwise agreed in writing, the standard consignment period shall be ninety (90) days beginning on the date the item is accepted by Saconde for consignment (“Consignment Period”).

At the expiration of the Consignment Period, Saconde may, in its sole discretion:

• continue listing the item;
• renegotiate pricing;
• return the item;
• extend the consignment;
• liquidate the item;
• offer the item for wholesale liquidation;
• donate the item;
• or otherwise dispose of the item pursuant to this Agreement.

Seller may request return of an unsold item subject to:

• pending transactions;
• buyer return windows;
• authentication review;
• fraud review;
• processing timelines;
• applicable fees;
• shipping charges;
• handling costs.

90-Day Consignment Markdown Schedule

Unless otherwise agreed in writing, Seller acknowledges and agrees that Saconde may apply markdowns and promotional pricing during the Consignment Period according to the following general schedule, which may be modified at Saconde’s sole discretion based on market conditions, inventory levels, brand performance, item condition, or sales activity.

Seller acknowledges and agrees that:

• actual discounts may exceed the ranges above where commercially reasonable;
• Saconde may temporarily increase or decrease pricing;
• promotional campaigns may impact net sale price;
• luxury resale values fluctuate significantly;
• markdowns are necessary to maximize sell-through rates and inventory turnover.

Unless expressly prohibited in a separate written agreement signed by Saconde, Seller authorizes Saconde to implement all markdowns, promotions, and pricing adjustments without additional notice or approval.

Where Saconde elects, in its sole discretion, to request Seller approval for a proposed markdown, promotional adjustment, liquidation price, or pricing revision, Seller shall respond within forty-eight (48) hours of notice.

If Seller fails to respond within forty-eight (48) hours, Seller shall be deemed to have approved the proposed pricing adjustment, markdown, liquidation pricing, promotional pricing, or other pricing action requested by Saconde.

Seller represents and warrants that Seller has full legal ownership and lawful authority to transfer, consign, or sell submitted items and that no submitted item is stolen, fraudulently obtained, subject to theft claims, or otherwise unlawfully possessed.

(e) Risk of Unsold Inventory

Seller acknowledges and agrees that:

• consignment does not guarantee sale;
• some items may experience little or no buyer demand;
• market conditions may change rapidly;
• certain brands or categories may depreciate significantly over time.

Saconde shall not be liable for:

• failure to sell an item;
• changes in market value;
• pricing reductions;
• depreciation;
• buyer preferences;
• fashion trend changes;
• inventory aging;
• lost opportunity costs.

(f) Final Sale to Buyers

Once a Consigned Property item is sold to a purchaser and the applicable buyer return window expires:

• title to the item transfers permanently to the purchaser;
• Seller becomes entitled only to the applicable net proceeds;
• Seller relinquishes any ownership interest in the item.

All determinations regarding:

• returns;
• buyer disputes;
• authenticity disputes;
• refunds;
• chargebacks;
• transaction reversals;
  shall be handled by Saconde in its sole discretion.

(g) CONTENT LICENSE; MEDIA RIGHTS; USER SUBMISSIONS

By submitting, uploading, transmitting, emailing, messaging, posting, or otherwise providing any photographs, videos, images, descriptions, text, usernames, likenesses, reviews, social media content, product information, or other materials to Saconde or Saconde.com (collectively, “Submitted Content”), Seller grants Saconde & Saconde, LLC a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable, assignable, and unrestricted license and right to:

• use;
• reproduce;
• copy;
• host;
• store;
• archive;
• display;
• publish;
• distribute;
• transmit;
• edit;
• crop;
• modify;
• enhance;
• retouch;
• translate;
• create derivative works from;
• commercialize;
• advertise with;
• market with;
• publicly perform;
• publicly display;
• syndicate;
• sublicense;
• sell;
• and otherwise exploit

the Submitted Content, in whole or in part, in any manner or media now known or later developed, for any lawful business purpose, including but not limited to:

• resale listings;
• advertising;
• promotional campaigns;
• social media;
• print marketing;
• digital marketing;
• AI and machine-learning related purposes;
• authentication and fraud prevention;
• internal business operations;
• archival purposes;
• investor materials;
• marketplace distribution;
• search engine optimization;
• brand development;
• and commercial business activities.

Seller acknowledges and agrees that:

• Saconde shall own all photographs, videos, edits, product listings, descriptions, marketing materials, and derivative content created by or for Saconde relating to submitted items;
• Seller has no ownership interest in Saconde-created media or marketing content;
• Saconde is under no obligation to credit Seller;
• Seller is not entitled to royalties, compensation, residuals, licensing fees, or approvals relating to Saconde’s use of Submitted Content;
• Saconde may continue using Submitted Content even after an item is returned, rejected, sold, removed, or the business relationship ends;
• Saconde may use Submitted Content together with other content, trademarks, logos, graphics, or advertising materials;
• Saconde may modify or alter Submitted Content in its sole discretion.

Seller represents and warrants that:

• Seller owns or controls all rights necessary to grant the foregoing license;
• Submitted Content does not infringe any third-party intellectual property, privacy, publicity, or contractual rights;
• Seller has obtained all necessary permissions from any persons appearing in Submitted Content.

To the maximum extent permitted by law, Seller irrevocably waives any:

• moral rights;
• rights of attribution;
• rights of approval;
• publicity claims;
• or similar rights

relating to Saconde’s use of the Submitted Content.

18. SACONDE BULK AUCTION PROGRAM#

Saconde may, in its sole and exclusive discretion, offer certain Sellers the opportunity to participate in Saconde’s Bulk Auction Program. The Bulk Auction Program is designed for sellers, collectors, businesses, estates, resellers, liquidators, and clients with multiple luxury, designer, collectible, or high-value items who want a streamlined resale process through Saconde’s sales channels.

Participation in the Bulk Auction Program is not guaranteed. Saconde may accept, reject, limit, suspend, or terminate a Seller’s participation in the Bulk Auction Program at any time, with or without notice, subject to applicable law.

(a) Program Overview

Under the Bulk Auction Program, Saconde may review, process, photograph, authenticate, inspect, market, list, auction, consign, wholesale, bundle, promote, display, negotiate, and/or sell approved items through one or more sales channels selected by Saconde.

Sales channels may include, without limitation:

• Saconde’s website;
• Saconde’s physical showroom;
• private client networks;
• third-party marketplaces;
• auction platforms;
• social media platforms;
• live selling platforms;
• wholesale buyers;
• resale partners;
• business-to-business buyers;
• bulk buyers;
• or any other sales method selected by Saconde.

Seller acknowledges that the Bulk Auction Program is intended to give Saconde broad discretion to determine the best commercial resale strategy for submitted items.

(b) No Target Sale Price, Reserve Price, or Minimum Sale Price

Unless Saconde expressly agrees otherwise in a separate written agreement signed or confirmed in writing by Saconde, items submitted under the Bulk Auction Program shall not be subject to any guaranteed target sale price, reserve price, minimum sale price, appraisal value, estimated payout, or guaranteed resale value.

Seller acknowledges and agrees that:

• final pricing will be based on actual buyer demand and market performance;
• items may sell for more or less than Seller expects;
• Saconde does not guarantee that any item will sell;
• Saconde does not guarantee any specific sale price;
• Saconde does not guarantee any specific payout amount;
• Saconde does not guarantee any sale timeline;
• Saconde does not guarantee that items will be sold individually rather than bundled, grouped, auctioned, liquidated, or wholesaled.

Final sale prices may be affected by condition, brand, style, size, age, seasonality, market demand, authentication results, buyer interest, platform performance, marketplace fees, promotional pricing, markdowns, shipping costs, and other commercial factors.

(c) Pricing, Auction, and Sales Discretion

By submitting items into the Bulk Auction Program, Seller authorizes Saconde to determine, in Saconde’s sole discretion:

• listing price;
• auction format;
• opening bid;
• auction duration;
• sales channel;
• item grouping or bundling;
• private sale strategy;
• wholesale sale strategy;
• Markdowns;
• Discounts
• promotional pricing;
• buyer offers;
• Counteroffers;
• acceptance or rejection of buyer offers;
• relisting decisions;
• removal from sale;
• and any other sales or marketing decision.

Saconde may list items individually, group items together, sell items as lots, auction items, offer items to private buyers, sell items wholesale, discount items, bundle items, or use any other resale method Saconde determines is commercially reasonable.

Seller understands and agrees that Saconde may accept the final sale price achieved through the applicable sales channel, even if the final sale price is lower than Seller’s expectation, prior informal estimate, retail price, original purchase price, replacement value, or perceived market value.

(d) Bulk Auction Commission Schedule

Unless otherwise agreed in writing, the following standard commission rates apply to items sold through the Bulk Auction Program:

Commission rates are calculated based on the final net sale price after any applicable discounts, refunds, returns, chargebacks, payment adjustments, marketplace fees, platform fees, shipping adjustments, buyer disputes, promotional credits, or other applicable deductions.

Saconde reserves the right to modify commission rates, payout structures, payment schedules, fees, and Bulk Auction Program terms at any time in Saconde’s sole discretion, with or without notice, unless otherwise required by applicable law or agreed in writing.

(e) Seller Payouts

After an item is sold and Saconde determines that the transaction is final, Saconde will calculate Seller’s payout by deducting Saconde’s applicable commission and any authorized fees, costs, adjustments, or offsets from the final net sale price.

Seller payout may be reduced by, without limitation:

• Saconde’s commission;
• marketplace fees;
• platform fees;
• payment processor fees;
• shipping fees;
• insurance fees;
• authentication costs;
• repair, cleaning, restoration, or conditioning costs;
• storage fees;
• handling fees;
• Chargebacks;
• Refunds;
• buyer disputes;
• return-related expenses;
• taxes where applicable;
• and any other amounts permitted under this Agreement.

Payments may be issued by ACH transfer, wire transfer, check, platform payout provider, store credit, Zelle, or another payment method approved by Saconde.

Seller is solely responsible for maintaining accurate payment information, paying banking or transfer fees, satisfying tax reporting obligations, and complying with all applicable local, state, federal, and international tax laws.

(f) Payment Timing and Payment Holds

Payouts may be issued only after Saconde determines, in its sole discretion, that:

• the item has sold;
• payment has cleared;
• the buyer transaction is final;
• any applicable buyer return, cancellation, dispute, or chargeback period has
• passed or been resolved;
• the item has passed authentication and compliance review;
• Seller has provided all required payment and tax information;
  and no unresolved issue remains.

Saconde may withhold, delay, offset, reduce, or adjust payments in connection with:

• buyer disputes;
• authentication reviews;
• suspected fraud;
• counterfeit concerns;
• Chargebacks;
• Returns;
• cancelled transactions;
• legal compliance;
• law enforcement requests;
• missing Seller information;
• inaccurate payment information;
• platform delays;
• marketplace holds;
• payment processor holds;
• or any other issue affecting whether funds are earned, final, payable, or calculable.

(g) Authentication, Inspection, and Item Review

All items submitted to the Bulk Auction Program are subject to Saconde’s inspection, authentication, condition review, compliance review, and approval.

Saconde may reject, return, hold, quarantine, dispose of, decline to sell, or remove from sale any item that Saconde determines, in its sole discretion, is:

• Inauthentic;
• Counterfeit;
• Altered;
• Misrepresented;
• Damaged;
• Stolen;
• fraudulently obtained;
• unlawfully imported;
• restricted;
• unsafe to sell;
• commercially unsuitable;
• or otherwise inappropriate for resale.

Submission of an item does not guarantee acceptance into the Bulk Auction Program, listing, auction, sale, or payout.

Counterfeit, suspected counterfeit, stolen, prohibited, or legally restricted items remain subject to the Authentication and Counterfeit Items section of this Agreement, including any applicable counterfeit handling fees, return limitations, destruction rights, reporting rights, and reimbursement obligations.

(h) Bulk Lots, Grouped Sales, and Allocation of Sale Price

Saconde may sell items as individual units, grouped lots, bundles, wholesale lots, auction lots, or mixed inventory lots.

Where multiple items are sold together as a lot, bundle, or grouped transaction, Saconde may determine the allocation of the final sale price among the items in a commercially reasonable manner. Seller acknowledges that allocation may be based on Saconde’s internal valuation, item condition, brand, estimated resale value, buyer demand, sale structure, or other factors determined by Saconde.

Seller agrees that Saconde’s allocation of sale proceeds for grouped, bundled, auctioned, or wholesale sales shall be final to the maximum extent permitted by law.

(i) No Withdrawal After Active Sale Process Begins

Once an item submitted under the Bulk Auction Program has entered an active sales process, Seller may not withdraw, reclaim, cancel, or demand return of the item without Saconde’s written approval.

An item may be considered to have entered the active sales process once:

• the item has been listed;
• the item has been photographed or processed for sale;
• the item has been included in an auction;
• the item has been offered to buyers;
• a buyer inquiry has been received;
• a buyer offer has been made;
• an invoice has been issued;
• payment processing has begun;
• the item has been bundled or grouped for sale;
• the item has been transferred to a marketplace or resale partner;
• or Saconde has otherwise begun commercial efforts to sell the item.

Saconde may refuse any withdrawal, cancellation, or return request where Saconde determines that withdrawal may cause operational disruption, customer harm, marketplace penalties, financial loss, reputational harm, chargeback exposure, fraud risk, or contractual liability.

If Saconde elects, in its sole discretion, to honor a withdrawal or cancellation request after the sales process has begun, Seller shall remain responsible for all applicable commissions, marketplace fees, payment fees, shipping costs, handling fees, administrative costs, penalties, losses, and expenses associated with the withdrawn or disrupted transaction.

(j) Program Changes and Termination

Saconde may modify, suspend, discontinue, or terminate the Bulk Auction Program, in whole or in part, at any time. Saconde may also modify eligibility requirements, accepted categories, sales channels, commission rates, payment schedules, processing procedures, and program terms at any time, subject to applicable law.

If the Bulk Auction Program is modified or discontinued, Saconde may, in its sole discretion:

• continue processing already accepted items;
• return unsold items to Seller subject to applicable fees;
• transfer items into standard consignment;
• offer a buyout;
• liquidate items;
• or otherwise handle items pursuant to this Agreement.

(k) Relationship to Other Seller Terms

The Bulk Auction Program is subject to this Agreement, including the sections governing item submissions, consignment, commissions and payments, authentication, counterfeit items, delivery and risk of loss, return requests, abandoned property, disclaimers, limitation of liability, indemnification, arbitration, and all other applicable terms.

In the event of a conflict between this Bulk Auction Program section and another section of this Agreement, Saconde may determine which provision applies to the transaction unless otherwise required by applicable law or expressly agreed in a separate written agreement signed by Saconde.

19. TAX INFORMATION; FORM 1099; BACKUP WITHHOLDING#

Seller is solely responsible for all taxes, reporting obligations, and filings arising from any sale, consignment payout, buyout payment, store credit, or other payment received from Saconde.

Saconde may request taxpayer identification information, including IRS Form W-9 or other tax documentation, before issuing payment. Saconde may delay, withhold, or refuse payment where required tax documentation is missing, incomplete, inaccurate, or legally insufficient.

Where required by law, Saconde or its payment processors may report payments to tax authorities, including by issuing IRS Forms 1099 or similar tax forms. Saconde may apply backup withholding or other withholding where required by law.

20. COMMISSIONS AND PAYMENTS#

(a) Consignment Commission Structure

Unless otherwise agreed by Saconde & Saconde, LLC (“Saconde”) in a separate written agreement, Seller acknowledges and agrees that Saconde shall earn and retain a consignment commission based upon the final gross sale price of each sold item according to the following schedule:

Final Sale Price Saconde Commission

$0 – $999 30%

$1,000 – $2,999 25%

$3,000 and above 20%

Seller’s payout shall consist of the applicable net proceeds remaining after deduction of:

• Saconde’s consignment commission;
• payment processor fees;
• marketplace fees;
• authentication costs;
• shipping fees;
• insurance fees;
• repair or restoration costs;
• chargeback losses;
• returns-related expenses;
• storage fees;
• handling fees;
• taxes where applicable;

and any other authorized deductions under this Agreement.

Saconde reserves the right to determine the final sale price, promotional pricing, discounts, bundled offers, and markdowns in accordance with this Agreement.

If a Seller requests return of an item after a buyer transaction has been initiated, Saconde additionally reserves the absolute and unrestricted right, in its sole discretion, to refuse any cancellation request, return request, withdrawal request, or removal request relating to any item for which:

• a sale is pending;
• a buyer transaction has been initiated;
• an invoice has been issued;
• payment processing has begun;
• a marketplace commitment exists;
• shipping preparation has begun;
• the item has been reserved for a buyer;
• the item has been transferred to a third-party marketplace;

or Saconde reasonably believes cancellation may result in operational disruption, customer harm, marketplace penalties, financial loss, reputational harm, chargeback exposure, fraud risk, or contractual liability.

Seller acknowledges and agrees that once a transaction enters an active sales process, Saconde may continue, finalize, complete, ship, fulfill, or otherwise honor the transaction notwithstanding any subsequent request by Seller to cancel, withdraw, return, reclaim, or remove the item from sale.

If Saconde elects, in its sole discretion, to honor a cancellation or withdrawal request after a transaction has entered the sales process, Seller shall remain responsible for all applicable consignment commissions, fees, penalties, losses, costs, expenses, and damages associated with the canceled or disrupted transaction.

Seller acknowledges and agrees that cancellation of a completed or pending sale may result in:

• marketplace penalties;
• payment processing fees;
• chargeback exposure;
• refund processing costs;
• customer service costs;
• reputational harm;
• lost sales opportunities;
• and administrative expenses.

Saconde may deduct such amounts from Seller proceeds, future payouts, stored payment methods, or otherwise invoice Seller for such amounts where permitted by applicable law.

Commission rates, payout structures, payment schedules, and fees may be modified at any time at Saconde’s sole discretion.

Payments may be issued through:

• ACH;
• Wire transfer;
• Check;
• Platform payout provider;
• Store credit;
• Other approved methods.

Seller is solely responsible for:

• Maintaining accurate payment information;
• Any banking fees;
• Tax reporting obligations;
• Compliance with local, state, federal, and international tax laws.

Saconde may withhold payments:

• During disputes;
• During authentication investigations;
• For suspected fraud;
• For chargebacks;
• For legal compliance;
• For law enforcement requests.

Seller consents to receive transactional, operational, account-related, authentication-related, security-related, marketing, and customer service communications from Saconde, including communications delivered by email, telephone, automated dialing systems, prerecorded messages, SMS, MMS, text message, messaging applications, or similar technologies where permitted by law.

Seller may opt out of marketing text communications at any time by following unsubscribe instructions; however, Saconde may continue sending transactional or account-related communications necessary to provide services, process transactions, prevent fraud, maintain security, or comply with legal obligations.

Message and data rates may apply.

21. AUTHENTICATION AND COUNTERFEIT ITEMS#

Seller represents and warrants that all submitted items are:

• Authentic;
• Lawfully owned;
• Free of liens or encumbrances;
• Not counterfeit;
• Not stolen;
• Not unlawfully imported;
• Not subject to legal restrictions.

Saconde reserves the unrestricted right to:

• Reject any item suspected of being counterfeit or inauthentic;
• Use third-party authenticators or authentication technology;
• Retain, destroy, or surrender suspected counterfeit items to law enforcement or rights holders where permitted or required by law;
• Share information with brands, investigators, payment processors, marketplaces, and law enforcement agencies.

If an item is determined, in Saconde’s sole discretion, to be counterfeit, altered, stolen, fraudulent, or materially misrepresented:

• Any offer shall immediately become void;
• Seller shall not be entitled to payment;
• Seller may be charged return shipping and handling fees;
• Saconde may permanently ban Seller from future transactions.

22. Counterfeit Item Fees, Destruction, and Return Limitations#

If Saconde determines, in its sole discretion, or receives information from an authentication provider, brand representative, marketplace, law enforcement agency, rights holder, or other source indicating that an item is counterfeit, inauthentic, altered, unlawfully branded, fraudulently obtained, stolen, or otherwise prohibited, Saconde may reject the item and the Seller shall not be entitled to any payment, offer, payout, reimbursement, or compensation.

Seller acknowledges and agrees that counterfeit goods may be illegal to sell, distribute, transfer, ship, or return, and Saconde may be legally restricted from returning counterfeit merchandise. Saconde reserves the right, in its sole discretion and where permitted or required by applicable law, to retain, destroy, dispose of, surrender, quarantine, report, or transfer suspected or confirmed counterfeit items to law enforcement, brand owners, rights holders, investigators, marketplaces, payment processors, or other appropriate parties.

If Saconde elects, in its sole discretion, to return a suspected or confirmed counterfeit, inauthentic, altered, or prohibited item to Seller where legally permitted, Seller shall be responsible for a $40 per item counterfeit/authentication handling fee, plus all applicable return shipping, insurance, packaging, handling, administrative, and carrier charges. Payment of such fees does not create any obligation for Saconde to return the item.

Saconde may deduct counterfeit-related fees, authentication fees, shipping fees, handling fees, investigation costs, chargeback losses, marketplace penalties, legal costs, or other related expenses from any current or future Seller proceeds, payouts, account credits, stored payment methods, or may invoice Seller directly where permitted by applicable law.

Seller further acknowledges and agrees that Saconde has no obligation to return any item that Saconde believes may be counterfeit, unlawful, stolen, fraudulently obtained, unsafe to resell, subject to a rights-holder claim, subject to law enforcement inquiry, or otherwise prohibited. Saconde’s decision to retain, destroy, dispose of, surrender, report, or decline return of any such item shall be final to the maximum extent permitted by law.

23. DELIVERY OF PROPERTY; RISK OF LOSS; SHIPPING CLAIM REQUIREMENTS#

(a) Delivery of Property; Risk of Loss

(i) Transfer of Risk

Saconde accepts risk of loss or damage to submitted property only when:

1. Saconde takes physical possession of the submitted property; or
2. Seller uses a Saconde-approved shipping label, shipping carrier, and shipping method, and the shipment is scanned into the carrier’s tracking system and physically tendered to the carrier (“Approved Transit”).

For purposes of this Agreement, a “Shipment” means all items packaged and shipped together under one tracking number or shipping label.

Seller bears all risk of loss, theft, shortage, damage, misdelivery, or destruction prior to Approved Transit and prior to Saconde’s confirmed receipt of the Shipment.

Saconde shall not be responsible for:

• Improperly packaged shipments;
• Insufficiently secured items;
• Inaccurate shipping information;
• Shipments sent using unapproved carriers or labels;
• Delays caused by carriers, weather, customs, strikes, or force majeure events.
• Damage caused before receipt;
• Acts of God;
• Theft outside Saconde’s control;
• Events beyond reasonable control.

(ii) Seller Packaging and Documentation Requirements

As a condition to any claim relating to loss, theft, shortage, tampering, or damage, Seller must maintain complete documentation proving the contents and condition of the Shipment at the time of shipment.

Seller agrees that prior to shipment, Seller shall:

1. Record a continuous and unedited video showing:
   • Each item in detail;
   • Serial numbers, date codes, authenticity cards, and accessories where applicable;
   • The condition of the item;
   • The packaging process;
   • Sealing of the package;
   • Application of the shipping label;
   • Final package condition before shipment;
2. Retain clear photographs of:
   • All items shipped;
   • Packaging materials;
   • The sealed package;
   • Shipping label and tracking number;
3. Obtain and retain:
   • Carrier drop-off receipt;
   • Shipment acceptance confirmation;
   • Tracking documentation;
   • Insurance documentation if applicable.

Failure to maintain and provide the required evidence may result in denial of any claim in Saconde’s sole discretion.

Saconde reserves the right to request:

• Original video files;
• Metadata;
• Timestamps;
• Carrier records;
• Identification documents;
• Additional supporting evidence.

Edited, incomplete, altered, cropped, manipulated, or unclear evidence may be rejected.

(iii) Loss, Damage, or Theft During Approved Transit or While in Saconde’s Possession

If Saconde determines, in its sole discretion, that an item was lost, stolen, or materially damaged during Approved Transit or while in Saconde’s physical possession, Saconde may elect to:

1. Compensate Seller based on:
   • the estimated resale value;
   • anticipated net selling price;
   • expected consignment payout;
   • or another valuation method determined solely by Saconde;
2. Repair the item and continue with sale or consignment;
3. Replace the item with substantially similar inventory where commercially reasonable;
4. Deny the claim where evidence is insufficient or fraud is suspected.

Any compensation offered shall:

• Exclude speculative damages;
• Exclude sentimental value;
• Exclude appreciation claims;
• Exclude lost profits;
• Exclude consequential damages.

Any payment made by Saconde shall constitute Seller’s sole and exclusive remedy.

(iv) Claims Procedure

Any claim relating to:

• Loss;
• Theft;
• Damage;
• Tampering;
• Missing contents;
• Shipment discrepancies;
• Unauthorized return substitutions;

must be submitted in writing to Saconde within:

• Fifteen (15) days of delivery confirmation;
• Or fifteen (15) days from the date Seller reasonably should have become aware of the issue, whichever occurs first.

Claims must include:

• Written explanation;
• Full video evidence;
• Photographs;
• Shipping receipt;
• Tracking information;
• Packaging evidence;
• Supporting documentation requested by Saconde.

Saconde reserves the right to:

• Deny untimely claims;
• Require inspection by carrier or third-party experts;
• Cooperate with law enforcement;
• File insurance claims;
• Pursue civil or criminal remedies for fraudulent claims.

Submission of fraudulent or misleading claims may result in:

• Immediate account termination;
• Forfeiture of payments;
• Legal action;
• Reporting to law enforcement.

Seller acknowledges that luxury resale markets fluctuate significantly and that compensation determinations may differ materially from retail pricing, replacement cost, insured value, collectible value, auction value, sentimental value, or speculative future market appreciation.

24. CONSIGNED PROPERTY ACCEPTANCE CONDITIONS#

(a) Evaluation and Authentication

Upon receipt of any submitted item, Saconde shall evaluate the item in its sole discretion for:

• authenticity;
• condition;
• resale potential;
• market demand;
• compliance;
• value;
• category eligibility.

Condition, completeness, accessories, provenance, and market trends may affect pricing and acceptance decisions.

(b) Acceptance Standards

Saconde reserves the unrestricted right to accept or reject any item for any reason or no reason.

Generally, to qualify for acceptance, items must:

1. be in commercially resalable condition;
2. be authentic and legally owned;
3. not be counterfeit, stolen, altered, or unlawfully imported;
4. not infringe intellectual property rights;
5. comply with Saconde’s brand and category standards;
6. comply with Seller’s representations and warranties under this Agreement.

Acceptance of an item for review does not guarantee:

• Authentication;
• Listing;
• Consignment;
• Purchase;
• Or sale.

(c) Rejected Items

If Saconde rejects an item, Saconde may:

• Return the item to Seller;
• Require Seller to pay return shipping costs;
• Deduct shipping or handling fees from future payouts;
• Retain or destroy prohibited or counterfeit items where permitted by law.

References to return procedures, shipping requirements, and seller policies may be found on Saconde.com and may be updated periodically without notice.

Seller authorizes Saconde to deduct authentication fees, return shipping fees, storage fees, handling fees, and related charges from any current or future Seller balances or payouts.

If Seller fails to pay applicable fees within thirty (30) days, Saconde reserves the right to:

• Dispose of the item;
• Liquidate the item;
• Donate the item;
• Or otherwise exercise any rights permitted by applicable law.

25. CONSIGNMENT PERIOD AND RETURN REQUESTS#

(a) Consignment Period

Unless otherwise agreed in writing, the consignment period for accepted items shall begin on the date Saconde accepts the item for consignment and shall continue for up to ninety (90) days.

Saconde may continue marketing or discounting items during this period in its sole discretion.

(b) Return Requests

Seller may request return of unsold consigned items by submitting written notice to Saconde.

Return requests are subject to:

• Processing times;
• Handling fees $10 dollars per time:
• Shipping fees $10 per item;
• Authentication review $30 per item;
• Pending transactions;
• Fraud review;
• Buyer return windows.

Saconde shall not be obligated to return any item that:

• has already sold;
• is subject to a pending transaction;
• is under investigation;
• is believed to be counterfeit or unlawful;
• has been abandoned under this Agreement.

26. RETURN OF ITEMS#

If an item is rejected or returned:

• Saconde may return the item using the address on file;
• Seller is responsible for maintaining accurate address information;
• Return shipping methods may be determined solely by Saconde.

Saconde reserves the right to:

• Charge shipping, insurance, handling, storage, authentication, or administrative fees;
• Donate abandoned property;
• Dispose of unclaimed items;
• Liquidate items to recover outstanding balances.

Any item left unclaimed for more than thirty (30) days after notice may be deemed abandoned property.

27. NO GUARANTEE OF SALE#

Saconde makes no guarantee:

• That any item will sell;
• That any minimum price will be achieved;
• Regarding timing of sale;
• Regarding buyer demand;
• Regarding resale value;
• Regarding investment value.

Luxury resale markets fluctuate significantly and pricing may change without notice.

28. DISCLAIMERS#

ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

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

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• TITLE;
• ACCURACY;
• RELIABILITY.

29. LIMITATION OF LIABILITY#

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• SACONDE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• SACONDE’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO SELLER FOR THE APPLICABLE ITEM.

30. INDEMNIFICATION#

Seller agrees to defend, indemnify, and hold harmless Saconde & Saconde, LLC and its owners, officers, managers, employees, affiliates, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, losses, expenses, or legal fees arising from:

• Breach of this Agreement;
• Counterfeit or stolen merchandise;
• Intellectual property claims;
• Fraud;
• Misrepresentation;
• Seller’s violation of law.

31. TERMINATION#

Saconde may suspend or terminate services at any time, with or without notice, for any reason or no reason.

Seller may terminate participation at any time subject to any outstanding obligations or pending transactions.

32. CHANGES TO THESE TERMS#

Saconde may update these Seller Terms from time to time. Updated terms may be posted on Saconde’s website, in the app, or otherwise made available electronically. The effective date will be updated when the Terms are revised.

Where required by law or where Saconde determines appropriate, Saconde may provide additional notice or require renewed acceptance. Continued use of Saconde’s services, app, website, seller account, or submission process after updated terms become effective constitutes acceptance of the updated terms, except where prohibited by applicable law.

33. GOVERNING LAW#

This Agreement shall be governed by and construed under the laws of the State of New York, without regard to conflict of law principles.

34. ARBITRATION AGREEMENT CLASS ACTION WAIVER; JURY TRIAL WAIVER; REPRESENTATIVE ACTION WAIVER#

To the maximum extent permitted by applicable law, you and Saconde & Saconde, LLC (“Saconde”) agree that any dispute, claim, or controversy arising out of or relating to these Terms, any transaction, any item submitted, or your relationship with Saconde shall be resolved solely on an individual basis.

By agreeing to these Terms, you expressly waive:

• any right to a trial by jury;
• any right to participate in a class action lawsuit;
• any right to participate in a class arbitration;
• any right to participate in a mass arbitration;
• any right to participate in a private attorney general action;
• any right to bring claims in a representative capacity;
• any right to consolidate claims with those of other persons or entities.

All claims must be brought individually and not as a plaintiff, class member, or representative in any purported class, collective, consolidated, mass, or representative proceeding.

The arbitrator shall have no authority to:

• consolidate multiple claims;
• preside over any form of class or representative proceeding;
• award relief to any person or entity other than the individual party asserting the claim.

No arbitration or legal proceeding may be combined with another without the prior written consent of all parties.

Arbitration shall be conducted in New York County, New York unless otherwise required by law.

Any dispute regarding:

• the enforceability of this waiver;
• the validity of this waiver;
• the scope of this waiver;
• whether a claim may proceed on a class, collective, mass, or representative basis;

shall be determined exclusively by the arbitrator and not by any court, except to the extent applicable law expressly requires otherwise.

If any portion of this section is found unenforceable with respect to a particular claim or requested remedy, then that claim or remedy shall proceed in a court of competent jurisdiction only to the extent required, and the remainder of this arbitration agreement shall remain in full force and effect.

35. SEVERABILITY#

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

36. ENTIRE AGREEMENT#

This Agreement constitutes the complete and exclusive agreement between Seller and Saconde & Saconde, LLC concerning seller submissions, consignments, buyouts, authentication, and related services.

37. MISCELLANEOUS#

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of this Agreement or Your access to and use of the Service. Except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this Agreement.

38. 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