**Saconde & Saconde, LLC** **Revised Date:** July 10, 2026 **Company Name:** Saconde & Saconde, LLC **Principal Place of Business:** New York, New York, United States **Website:** [www.saconde.com](http://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 ## 1. ACCEPTANCE OF TERMS These Website and App Terms of Use (“Terms”) govern your access to and use of the Saconde website, including [www.saconde.com](http://www.saconde.com/), Saconde mobile applications, mobile websites, account portals, online storefronts, in-store digital tools, seller tools, buyer tools, authentication-supported services, consignment services, buyout services, marketplace features, payment and payout features, communications systems, notifications, and any other digital products, features, content, functionality, or services that link to or reference these Terms (collectively, the “Services”). For purposes of these Terms, “Saconde,” “Company,” “we,” “us,” and “our” mean Saconde & Saconde, LLC. “User,” “Customer,” “Buyer,” “Seller,” “Consignor,” “you,” and “your” mean any person or entity that accesses or uses the Services, as applicable to the context. By downloading or installing an application, accessing or browsing the Services, creating an account, clicking “I Agree,” “Accept,” “Continue,” “Create Account,” “Submit,” “Place Order,” “Complete Purchase,” or another button or checkbox that references these Terms, submitting items, purchasing items, selling items, consigning items, enabling biometric login, using payment or payout features, uploading content, communicating with Saconde, or otherwise using the Services after being presented with these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable additional terms incorporated by reference. If you do not agree to these Terms, you may not access or use the Services. Nothing in these Terms waives, restricts, or eliminates any right or remedy that cannot lawfully be waived under applicable federal, state, territorial, or local law. ## 2. RELATIONSHIP TO OTHER SACONDE TERMS AND POLICIES These Terms govern general access to and use of the Services. Particular transactions, features, communications, or activities may also be governed by additional agreements, notices, disclosures, consents, or policies, including: * Privacy Policy; * Cookie Policy; * Biometric Login Notice and Consent; * Biometric Information Retention and Destruction Policy; * Buyer Terms / Terms and Conditions of Sale; * Seller Terms and Conditions; * Consignment Terms; * Buyout Offer Terms; * Bulk Auction Program Terms; * Return, Shipping, Final Sale, and Authenticity Claim Policy; * Gift Card and Store Credit Terms; * SMS / Text Message Marketing and Communications Terms; * Push Notification Terms; * Payment and Payout Terms; * Promotional Terms; * Community, Reviews, or User Content Terms, where applicable; * App-specific disclosures and consent screens; * Payment processor or marketplace terms; * Order confirmations, invoices, receipts, offers, payout confirmations, or other transaction-specific terms; and * Any separately signed or electronically accepted agreement between you and Saconde. If a conflict exists, the following order of precedence applies to the extent of the conflict, unless applicable law requires otherwise: 1. A separately signed written agreement expressly governing the matter; 2. Transaction-specific terms affirmatively accepted for the applicable transaction; 3. Applicable Buyer, Seller, Consignment, Buyout, Bulk Auction, Gift Card, Payment, Payout, Promotional, or similar specific terms; 4. These Website and App Terms of Use; and 5. General informational policies or webpages. A more specific agreement controls only with respect to the subject matter it specifically addresses. ## 3. BUSINESS DESCRIPTION Saconde is a luxury goods retailer, reseller, consignment provider, buyout purchaser, authentication-supported marketplace participant, and related service provider specializing in luxury, designer, collectible, and high-value goods, including, without limitation: * Handbags; * Luggage; * Jewelry; * Watches; * Clothing; * Shoes; * Accessories; * Collectibles; and * Other goods accepted by Saconde. Items may be new, pre-owned, vintage, consigned, purchased by Saconde, customer-submitted, seller-submitted, auctioned, listed through third-party marketplaces, or otherwise offered through the Services, physical locations, social channels, livestreams, invoices, wholesale channels, or other approved sales channels. Saconde is not affiliated with, endorsed by, sponsored by, or officially connected with any designer brand or trademark owner unless expressly stated otherwise in writing. ## 4. ELIGIBILITY You must be at least eighteen (18) years old and have reached the age of legal majority in your jurisdiction to create an account, submit items, purchase or sell items, consign items, receive payouts, use payment or payout features, or enter into a binding transaction with Saconde. By accessing or using the Services, you represent and warrant that: * You are legally capable of entering into a binding agreement; * You have reached the age of majority applicable to the transaction; * You are not prohibited from using the Services under applicable law; * You will provide accurate, complete, and current information; * You will comply with applicable laws, regulations, these Terms, and applicable additional terms; and * If acting on behalf of a business or other entity, you have authority to bind that entity. Saconde may refuse, restrict, suspend, or terminate access where reasonably necessary because of eligibility concerns, unauthorized activity, fraud, security risk, legal requirements, violation of these Terms, or other legitimate business or compliance reasons, subject to applicable law. ## 5. ACCOUNT REGISTRATION Certain Services may require an account. You agree to provide accurate, complete, and current information reasonably necessary to create, maintain, secure, or verify your account or conduct a transaction. Depending on the applicable feature or transaction, this information may include your name, email address, telephone number, billing address, shipping address, payment information, payout information, tax information, identity-verification information, or other information reasonably necessary for the Services. You are responsible for: * Maintaining the confidentiality of your account credentials; * Securing your email account, telephone number, device, password, passcode, biometric settings, and authentication methods; * Activity conducted through your account to the extent permitted by applicable law; * Promptly notifying Saconde of known or suspected unauthorized access; * Maintaining accurate payment, payout, shipping, billing, and contact information; and * Using reasonable safeguards to prevent unauthorized account access. Saconde is not responsible for losses caused by your failure to reasonably secure your account, email, telephone number, device, payment method, payout method, or login credentials, except to the extent Saconde is responsible under applicable law. ## 6. ACCOUNT SECURITY AND MULTI-FACTOR AUTHENTICATION Saconde may use security measures designed to protect accounts, transactions, inventory, payments, payouts, and platform integrity, including: * Password authentication; * One-time passcodes; * Email or SMS verification; * Device verification; * Biometric login; * Identity verification; * Payment or payout verification; * Fraud screening; * Risk scoring; * Manual review; * Security holds; and * Account restrictions. Saconde may require additional verification before permitting sensitive activity, including: * High-value purchases; * Changes to seller payout instructions; * ACH, wire, Zelle, or bank-account changes; * Address changes; * Payment-method changes; * Consignment instructions; * Buyout approvals; * Item releases; * Returns or refund requests; * Account deletion; * Suspicious login activity; or * Transactions involving elevated fraud, counterfeit, legal, financial, security, or compliance risk. To the extent permitted by applicable law, Saconde may delay, restrict, suspend, reject, cancel, or require additional review of activity when reasonably necessary to protect users, Saconde, third parties, inventory, payments, payouts, or the integrity of the Services. ## 7. ACCOUNT DELETION AND DATA RETENTION Where account creation is available, users may request deletion of their Saconde account through available in-app account settings, the applicable website account portal, a designated online deletion-request method, or by contacting Saconde as instructed in the Privacy Policy. Deleting the Saconde application from a device does not automatically delete a Saconde account. Account deletion may be subject to reasonable identity verification. Saconde may delay completion of an account-deletion request where reasonably necessary to: * Complete or resolve pending purchases, sales, consignments, buyouts, returns, refunds, chargebacks, payouts, or disputes; * Prevent fraud or unauthorized deletion; * Protect inventory or account security; * Comply with tax, accounting, anti-fraud, recordkeeping, legal, regulatory, or law-enforcement obligations; * Establish, exercise, or defend legal claims; or * Fulfill another retention purpose permitted or required by applicable law. Following account deletion, Saconde may retain personal information where legally required or permitted, including transaction records, tax records, fraud-prevention records, authentication records, identity-verification records, security logs, dispute records, communications, and other records necessary for legitimate legal, compliance, safety, or business purposes. Account deletion does not eliminate payment obligations, legal claims, rights, remedies, or liabilities accrued before deletion. Additional information concerning deletion and retention is provided in Saconde’s Privacy Policy and other applicable privacy notices. ## 8. BIOMETRIC LOGIN AND DEVICE AUTHENTICATION Saconde may permit users to access an account using biometric authentication features provided by a user's device or operating system, including Face ID, Touch ID, fingerprint unlock, face unlock, or similar device-based authentication. Biometric login is optional and is provided as a convenience and account-access feature. For device-based biometric login, Saconde does not itself collect, capture, purchase, receive through trade, possess, store, or otherwise obtain a user's fingerprint, facial geometry, voiceprint, iris scan, biometric template, or other biometric identifier or biometric information. Instead, authentication is performed locally through the device or operating system, and Saconde receives only an authentication result or token indicating whether authentication succeeded or failed. You are responsible for maintaining the security of your device, device passcode, biometric enrollment settings, account credentials, email account, telephone number, and payment or payout methods. A person whose biometric credentials are enrolled on your device may potentially access your Saconde account if biometric login is enabled. Saconde may require additional authentication before sensitive transactions and may disable biometric login or require another authentication method when reasonably necessary because of suspicious activity, device changes, security concerns, legal requirements, or account risk. You may disable biometric login through available app or device settings. If Saconde later implements a feature involving direct collection, receipt, storage, or processing of biometric identifiers or biometric information, Saconde will provide notices, consents, retention schedules, destruction policies, releases, or other disclosures required by applicable law before using that feature. ## 9. BIOMETRIC INFORMATION RETENTION AND DESTRUCTION For device-based biometric login as described above, Saconde does not itself collect or store the underlying biometric identifier or biometric information used by the device to authenticate the user. Accordingly, Saconde does not retain or destroy biometric data that it does not possess. Saconde may retain non-biometric security information, including authentication results, login timestamps, device information, application version, IP address, approximate location derived from IP address, risk signals, fraud signals, failed login attempts, security alerts, and account-activity logs, subject to the Privacy Policy and applicable law. If Saconde implements direct biometric processing in the future, Saconde will comply with applicable biometric privacy laws, including legally required notice, consent, disclosure, security, retention, and destruction requirements. ## 10. IDENTITY VERIFICATION, FRAUD PREVENTION, AND SECURITY REVIEW Saconde may require identity, transaction, item, seller, buyer, payment, payout, or business verification. Verification may include, as reasonably necessary and legally permitted: * Government-issued identification; * Selfies or photographs; * Proof of address; * Telephone or email verification; * Tax forms; * Taxpayer-identification information; * Business formation documents; * Proof of authority to act for a company; * Proof of ownership; * Receipts, invoices, or purchase history; * Bank-account or payout information; * Payment-method verification; * Shipping-address verification; * Device information; * IP address and login data; * Marketplace activity; * Fraud-prevention information; and * Other information reasonably necessary to verify identity, authority, ownership, transaction integrity, or legal compliance. Verification may be performed by Saconde or qualified service providers, including payment processors, identity-verification vendors, fraud-prevention providers, authentication vendors, marketplaces, financial institutions, shipping providers, or other service providers. Subject to applicable law, Saconde may deny, restrict, delay, suspend, cancel, or terminate an account, transaction, purchase, submission, payout, or item release when verification cannot be completed or when Saconde reasonably identifies elevated fraud, security, counterfeit, ownership, legal, financial, or compliance risk. ## 11. PRIVACY Saconde’s collection, use, disclosure, retention, and protection of personal information is governed by its Privacy Policy and applicable privacy notices. Depending on how you interact with Saconde, information processed may include account information, transaction information, seller or buyer information, device data, website data, application data, uploaded content, item information, payment or payout information, security logs, fraud-prevention information, communications, and other information described in the applicable Privacy Policy. Nothing in these Terms limits privacy rights that cannot lawfully be waived. ## 12. COOKIES AND SIMILAR TECHNOLOGIES Saconde’s website, applications, and related digital services may use cookies, pixels, tags, software development kits, scripts, web beacons, browser storage, local storage, session storage, device identifiers, analytics technologies, fraud-prevention technologies, session replay technologies where used and lawfully disclosed, and other similar technologies. These technologies may be used for: * Essential website or application operation; * Account authentication; * Security and fraud prevention; * Shopping-cart functionality; * Preference management; * Analytics and performance measurement; * Customer support; * Advertising or marketing where legally permitted; and * Other purposes described in Saconde’s Cookie Policy or Privacy Policy. Where consent is legally required for nonessential technologies, Saconde will seek consent or provide legally required controls. Users may have additional opt-out rights under applicable state privacy laws. ## 13. LIMITED WEBSITE AND APP LICENSE Subject to compliance with these Terms, Saconde grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for personal use or legitimate business use expressly authorized by Saconde. For downloadable applications, this license includes permission to download, install, and use an authorized copy on a compatible device that you own or control, subject to applicable app-store rules. Except as permitted by applicable law, you may not: * Copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Services; * Reverse engineer, decompile, or disassemble software; * Attempt to derive source code except where applicable law expressly permits; * Bypass or disable security features or access controls; * Use bots, scrapers, crawlers, automation, credential-stuffing tools, or unauthorized data-extraction technologies; * Frame, mirror, systematically download, or reproduce the website or Services without authorization; * Interfere with servers, systems, networks, security, or functionality; * Upload malware or malicious code; * Access another person's account without authorization; * Misrepresent identity, ownership, authority, or affiliation; * Circumvent transaction limits or restrictions; * Use Saconde content or data to develop or train a competing artificial-intelligence or machine-learning system without written authorization, except where such restriction is prohibited by applicable law; or * Use Saconde intellectual property without authorization. Nothing in these Terms prohibits activity that applicable law expressly protects and does not permit Saconde to restrict. ## 14. APP STORES AND THIRD-PARTY PLATFORM TERMS Your download or use of a Saconde application may be subject to terms imposed by Apple, Google, or another application marketplace. These Terms are between you and Saconde, not an app-store provider, except to the extent expressly provided otherwise. Apple-Specific Terms If you download a Saconde application through Apple's App Store: * These Terms are between you and Saconde, not Apple; * Saconde, not Apple, is responsible for the application and its content; * Apple has no obligation to provide maintenance or support services for the application; * To the extent any legally required warranty applies and has not been effectively disclaimed, Saconde is responsible for that warranty as provided by applicable law; * Apple is not responsible for addressing claims relating to the application or your possession or use of it; * Saconde, not Apple, is responsible for investigating, defending, settling, and discharging intellectual-property infringement claims concerning the application to the extent required by law; * You represent that you are not located in a country subject to a United States government embargo and are not listed on a United States government prohibited or restricted-party list; * You must comply with applicable third-party agreement terms when using the application; and * Apple and its subsidiaries are intended third-party beneficiaries of these Apple-specific terms and may enforce them against you. Other App Stores Applications distributed through Google Play or another marketplace may be subject to applicable marketplace terms. Nothing in these Terms overrides mandatory rights or obligations imposed by the applicable marketplace or law. ## 15. ALL SALES ARE FINAL; TRANSACTION-SPECIFIC TERMS Except where otherwise expressly stated by Saconde or required by applicable law, purchases from Saconde are final sale and are not eligible for return, refund, exchange, or cancellation because of buyer's remorse, fit, preference, color variation, sizing, minor disclosed condition differences, or change of mind. This policy may apply to purchases made through: * The website; * Mobile applications; * Physical retail or showroom locations; * Invoices; * Remote transactions; * Approved marketplaces; * Social media; * Livestreams; * Telephone, text, or email transactions; and * Other authorized sales channels. Purchases may be subject to separate Buyer Terms / Terms of Sale and Saconde's Return, Shipping, Final Sale, and Authenticity Claim Policy. Those more specific terms control concerning the applicable transaction. Nothing in this section eliminates any refund, cancellation, repair, replacement, warranty, fraud, misrepresentation, or other right that cannot lawfully be waived. ## 16. REQUIRED LEGAL EXCEPTIONS AND NONWAIVABLE RIGHTS Nothing in these Terms limits rights or remedies that cannot lawfully be waived under applicable federal, state, territorial, or local law. Where required by law, Saconde will provide legally required remedies for qualifying circumstances, which may include: * Goods that materially fail to conform to an express representation; * Legally actionable defects; * Legally actionable misrepresentation or fraud; * Unauthorized transactions; * Failure to ship merchandise as legally required; * Breach of an applicable statutory or express warranty; or * Another circumstance in which applicable law mandates a refund, repair, replacement, cancellation right, or other remedy. Saconde's procedures concerning authentication tags, inspection, condition, documentation, notification, and claim submission apply to the fullest extent permitted by law but do not eliminate nonwaivable statutory rights. ## 17. AUTHENTICATION POLICY Saconde uses commercially reasonable authentication processes selected based on the item, brand, category, condition, available documentation, available technology, transaction type, and other relevant circumstances. Authentication may involve: * Internal expertise; * Third-party authentication providers; * Technology-assisted review; * AI-assisted tools; * Image review; * Review of materials, stitching, hardware, serial information, date codes, chips, logos, packaging, construction, receipts, provenance, or other indicators; * Marketplace, fraud, or historical data; and * Other reasonable authentication methods. An authentication determination constitutes a professional or expert opinion based on information available at the time of review. Saconde does not guarantee that every brand owner, marketplace, appraiser, reseller, authentication company, or other third party will reach the same conclusion. Nothing in this section limits liability for fraud, intentional misrepresentation, or another liability that cannot lawfully be waived. ## 18. AUTHENTICATION AND SECURITY TAGS An item may include an authentication, security, return, inventory, or similar tag. To preserve chain of custody and facilitate investigation of a claim: * Tags should remain attached and unaltered; * Tags should not be removed, cut, switched, damaged, hidden, altered, tampered with, or reattached. Removal, alteration, or loss of a tag may materially impair Saconde's ability to verify chain of custody and may result in denial of a discretionary return, refund, exchange, authenticity claim, condition claim, or other discretionary remedy. However, removal or alteration of a tag does not eliminate a right or remedy that cannot lawfully be waived. ## 19. AUTHENTICITY, CONDITION, AND MATERIAL DESCRIPTION CLAIMS Saconde requests that customers report visible shipping damage, material condition discrepancies, missing contents, authenticity concerns, or material description issues in writing to hello@saconde.com within forty-eight (48) hours after delivery, pickup, or in-store purchase so Saconde can promptly preserve evidence and investigate. Failure to report within this requested period may materially affect Saconde's ability to investigate and may affect eligibility for a discretionary remedy, but it does not eliminate any right or remedy that cannot lawfully be waived. To facilitate review, Saconde may request that: * The item remain in the same condition in which it was delivered or picked up; * Saconde tags remain attached and unaltered; * Packaging, accessories, receipts, dust bags, boxes, authentication materials, and included items be preserved; * The customer provide clear photographs, videos, order information, and a detailed description of the claim; and * The customer refrain from using, altering, repairing, cleaning, reselling, transferring, shipping, damaging, or modifying the item until reasonable review is completed. Saconde may require a return inspection before determining whether a remedy is available. ## 20. CONDITION AND PRODUCT DISCLOSURES Many Saconde items are pre-owned, vintage, consigned, repaired, restored, altered, previously worn, previously used, or otherwise not in new retail condition. Saconde attempts to provide accurate descriptions and photographs, but a condition description may not identify every minor imperfection or ordinary sign of wear, including odor, scratch, scuff, crease, mark, tarnish, hardware wear, interior mark, corner wear, strap wear, glazing issue, repair, alteration, discoloration, loose thread, stain, storage mark, dust, packaging difference, or similar characteristic. Photographs and videos form part of the item description. Appearance may vary because of lighting, camera settings, editing, compression, display settings, screen technology, and individual perception. By purchasing, you acknowledge that you had an opportunity to review available descriptions, photographs, videos, condition notes, and disclosures and to ask questions before purchase. Any “as is” language applies only to the extent permitted by applicable law and does not eliminate nonwaivable warranties or consumer rights. ## 21. PRODUCT AVAILABILITY, PRICING, ORDER ACCEPTANCE, AND ERRORS All items are subject to availability. An automated order acknowledgment, payment authorization, or confirmation of receipt does not necessarily constitute Saconde's acceptance of an order. Unless otherwise expressly stated, Saconde accepts an order when it ships the item, releases the item for pickup, expressly confirms acceptance, or otherwise completes the applicable transaction. Before acceptance, Saconde may reject or cancel an order because an item is unavailable, previously sold, incorrectly listed, incorrectly priced, materially misdescribed, under review, suspected counterfeit, subject to a claim or legal restriction, or otherwise unavailable. Saconde may correct genuine: * Pricing errors; * Typographical errors; * Description errors; * Photograph errors; * Inventory errors; * Condition errors; * Discount errors; * Shipping errors; * Tax-calculation errors; * Marketplace synchronization errors; or * Website, application, or system errors. Saconde will not retroactively modify a completed transaction in violation of applicable law. ## 22. PAYMENT TERMS All prices are stated in U.S. dollars unless otherwise disclosed. Saconde may accept approved payment methods, including: * Credit cards; * Debit cards; * ACH; * Wire transfer; * Approved financing providers; * Third-party payment processors; * Store credit; * Gift cards where accepted; and * Other approved methods. Saconde may require full cleared payment before shipment, pickup, item release, title transfer, or transaction completion. You represent that you are authorized to use any payment method you provide. Saconde may reasonably review, delay, reject, or cancel a payment or order because of suspected fraud, unauthorized payment, chargeback risk, sanctions concerns, security concerns, verification requirements, legal compliance, or other legitimate risk-management reasons, subject to applicable law. ## 23. PAYMENT PROCESSING AND THIRD-PARTY SERVICES Saconde may use third-party payment processors and other providers to facilitate payments, payouts, refunds, authorizations, holds, identity verification, fraud prevention, tax reporting, and compliance. Third-party providers may process payment, identity, tax, device, fraud, and transaction information as described in applicable privacy disclosures. Third-party processors may impose legally permitted holds, reserves, delays, restrictions, reviews, or reporting obligations. Saconde is not responsible for independent acts, omissions, outages, or decisions of third-party processors except to the extent Saconde is legally responsible under applicable law. You authorize Saconde and applicable processors to charge an authorized payment method for amounts you knowingly incur or otherwise lawfully owe in connection with a transaction, including applicable purchase amounts, disclosed fees, shipping charges, taxes, and legally permitted adjustments. ## 24. CHARGEBACKS AND PAYMENT DISPUTES Saconde encourages customers to contact Saconde before initiating a chargeback or payment dispute so Saconde has an opportunity to investigate and attempt to resolve the issue. Nothing in these Terms prohibits a consumer from exercising a lawful chargeback, billing-error, unauthorized-transaction, or other statutory right. Fraudulent, knowingly false, abusive, duplicative, or unauthorized chargebacks may result, to the extent permitted by law, in: * Account restriction or termination; * Cancellation of pending transactions; * Collection efforts; * Legal action; * Recovery of legally recoverable fees, costs, shipping charges, item value, or other losses; * Reporting to processors, marketplaces, financial institutions, fraud-prevention providers, or law enforcement where appropriate; or * Refusal of future transactions. Saconde may provide relevant transaction evidence to payment processors, banks, card networks, marketplaces, law enforcement, courts, arbitrators, or dispute-resolution providers where legally permitted. ## 25. TAXES, DUTIES, AND FEES Customers are responsible for taxes, duties, customs charges, brokerage fees, shipping fees, insurance fees, carrier fees, marketplace fees, and other disclosed charges applicable to a transaction, except where Saconde is legally required to bear or collect them. Saconde may collect sales or other taxes where required or permitted by law. International buyers are responsible for applicable customs duties, import taxes, brokerage charges, local taxes, and import restrictions, except where otherwise required by law or expressly stated. ## 26. SHIPPING, DELIVERY, DELAYS, AND RISK OF LOSS Saconde may ship items through carriers and service levels selected by Saconde unless otherwise agreed. Shipping and delivery estimates are estimates unless expressly guaranteed. Saconde will maintain a reasonable basis for shipping representations and will comply with applicable federal and state requirements concerning shipment delays, customer consent, cancellation, and refunds. Where Saconde cannot ship within the promised period, or within the legally applicable period if no specific shipment period was promised, Saconde will provide any notice, consent opportunity, cancellation option, or refund required by applicable law. For consumer orders shipped by Saconde using a carrier selected or offered by Saconde, risk of loss will transfer as provided by applicable law and will not be shifted to the consumer earlier than legally permitted. Where a buyer independently selects and contracts directly with a carrier not offered by Saconde, or where a lawful non-consumer transaction is governed by different written terms, risk of loss may transfer at another legally permitted time. For in-store pickup or physical delivery, risk of loss generally transfers when the item is physically delivered to, picked up by, or released to the customer or the customer's authorized representative, subject to applicable law. Saconde may require: * Signature confirmation; * Adult signature; * Insurance; * Delivery confirmation; * Identification; * Secure pickup verification; or * Other safeguards for high-value items. You are responsible for providing an accurate, secure, and deliverable address. ## 27. IN-STORE PICKUP AND CUSTOMER INSPECTION For pickup at a Saconde location or another approved location, Saconde may require identification, order confirmation, payment verification, signature, or other reasonable security measures. Customers should inspect items before accepting possession when inspection is reasonably available. After acceptance and removal from the location, a transaction remains subject to Saconde's applicable final-sale policy, transaction-specific terms, and any nonwaivable legal rights. Saconde may refuse or delay release where identity, payment, account, authorization, or transaction verification cannot reasonably be completed. ## 28. REFUSED DELIVERIES, RETURNED PACKAGES, AND UNDELIVERABLE ORDERS If a shipment is refused, returned to sender, undeliverable, abandoned, unclaimed, or cannot be delivered because of incorrect information, failure to sign, failure to pay legally applicable duties, or another customer-caused issue, the customer may be responsible, to the extent permitted by law and where appropriately disclosed, for: * Original shipping charges; * Return shipping; * Reshipping; * Insurance; * Carrier charges; * Reasonable storage charges; * Reasonable processing charges; and * Loss or damage caused by the customer's acts or omissions. Saconde may cancel, reship, hold, or otherwise reasonably handle the order subject to applicable law and the applicable transaction terms. ## 29. TITLE TRANSFER For purchases from Saconde, title transfers at the time specified by applicable transaction terms and law. Unless otherwise expressly stated, Saconde may condition shipment, delivery, pickup, or item release on receipt of full payment and completion of reasonable fraud, compliance, and verification review. Nothing in these Terms creates a security interest in consumer goods unless such interest is validly created and enforceable under applicable law. ## 30. BUYOUT OFFERS Saconde may provide estimates, quotes, preliminary offers, conditional offers, or final buyout offers through the website, app, email, text, telephone, account portal, in person, or another approved channel. Unless expressly identified as final and binding, a buyout estimate, app-generated estimate, preliminary offer, message, email, text, or verbal statement is conditional and subject to: * Physical inspection; * Authentication; * Condition verification; * Ownership verification; * Market evaluation; * Internal approval; * Fraud review; * Legal or compliance review; and * Applicable separate Buyout or Seller Terms. Saconde may revoke, revise, reduce, withdraw, reject, or cancel a preliminary offer before final acceptance. A buyout becomes final only in accordance with the applicable Buyout Terms, Seller Terms, or transaction-specific agreement. ## 31. CONSIGNMENT TRANSACTIONS Saconde may accept items for consignment at its discretion. Consignment transactions are governed by applicable Seller Terms, Consignment Terms, commission schedules, payout schedules, markdown schedules, authentication requirements, cancellation provisions, and other transaction-specific agreements. Submission of an item does not obligate Saconde to accept the item for consignment. Saconde may use the website, app, physical store, marketplaces, social media, livestreams, auctions, wholesale channels, or other approved sales channels to market accepted items, subject to applicable agreements. Where a conflict exists between this section and expressly applicable Consignment Terms, the more specific Consignment Terms control. ## 32. COMMISSIONS AND FEES Applicable commission rates, seller fees, payout calculations, deductions, and other charges will be governed by the Seller Terms, Consignment Terms, Bulk Auction Program Terms, transaction-specific agreement, or other applicable written disclosure. Saconde may change prospective commission rates or fees subject to applicable law and any existing agreement governing previously accepted items. A change to commission rates or fees will not retroactively alter an already-binding transaction except where the applicable agreement lawfully permits the change or the parties agree. ## 33. BULK AUCTION PROGRAM Saconde may offer a Bulk Auction Program to approved sellers or consignors. Participation may be subject to separate Bulk Auction Program Terms governing: * Auction formats; * Sales channels; * Lotting and bundling; * Starting bids; * Discounts and promotions; * Commissions; * Payout timing; * Returns; * Chargebacks; * Marketplace adjustments; * Withholding rights; * Fraud or authentication review; and * Other program requirements. Unless expressly guaranteed in writing, participation does not guarantee a target or minimum sale price. ## 34. ITEM SUBMISSIONS, SHIPPING TO SACONDE, AND APPROVED TRANSIT If you submit, mail, ship, drop off, or otherwise deliver an item to Saconde for buyout, consignment, authentication, inspection, or review, you must follow applicable submission instructions and Seller Terms. Unless otherwise stated in the applicable Seller Terms or transaction-specific agreement, submission does not guarantee acceptance, purchase, consignment, listing, authentication, or payout. Risk of loss for seller-submitted goods will be determined under the applicable Seller Terms, including any applicable “Approved Transit” protections. Where Saconde expressly provides an approved prepaid shipping label and the shipment receives a qualifying possession scan from the approved carrier in accordance with applicable Seller Terms, the shipment may qualify for Approved Transit protection subject to stated documentation, packaging, insurance, claim, exclusion, and carrier requirements. Nothing in this section overrides more specific Seller Terms governing risk of loss. ## 35. RIGHT TO REJECT ITEMS Subject to applicable law and binding transaction terms, Saconde may reject a submitted item because of: * Authentication concerns; * Condition issues; * Odor, damage, repair, alteration, or missing components; * Brand or category restrictions; * Market demand; * Pricing concerns; * Safety issues; * Ownership concerns; * Legal or regulatory restrictions; * Fraud indicators; * Counterfeit or stolen-goods concerns; * Inaccurate seller information; * Incomplete verification; * Operational capacity; or * Other legitimate business reasons. Rejected items may be handled according to applicable Seller Terms. ## 36. COUNTERFEIT, INAUTHENTIC, STOLEN, OR PROHIBITED GOODS Users may not submit, sell, consign, list, ship, offer, or attempt to transact in counterfeit, replica, inauthentic, stolen, illegal, unsafe, infringing, restricted, or materially misrepresented goods. If Saconde reasonably determines or suspects that an item falls within one of these categories, Saconde may, subject to applicable law: * Reject the item; * Void a preliminary buyout offer; * Cancel a transaction where legally permitted; * Withhold a payout where legally permitted; * Apply contractually agreed and legally permitted fees; * Return the item where lawful and appropriate; * Decline return where return is unlawful; * Hold, surrender, destroy, or dispose of the item where permitted or required by law; * Report the matter to law enforcement, rights holders, marketplaces, processors, authentication providers, fraud-prevention providers, insurers, carriers, or other appropriate parties; * Restrict or terminate an account; or * Refuse future transactions. Any counterfeit-item fee, including a $40 per-item fee where applicable, will be governed by the Seller Terms or other applicable agreement and will apply only to the extent legally permitted and properly disclosed. Nothing in these Terms requires Saconde to return an item where doing so would violate applicable law or a valid legal order. ## 37. SELLER REPRESENTATIONS AND WARRANTIES If you submit, sell, consign, or offer an item to Saconde, you represent and warrant that, except as accurately disclosed and expressly accepted by Saconde: * You are the lawful owner or are legally authorized to sell or consign the item; * The item is authentic; * The item is not counterfeit, stolen, illegal, unsafe, infringing, or materially misrepresented; * You have good and marketable title; * The item is free of undisclosed liens, claims, security interests, or ownership disputes; * Information you provide is materially accurate and complete; * You will provide reasonable proof of ownership, identity, receipts, or authority when lawfully requested; and * You will not use Saconde for money laundering, trafficking stolen goods, counterfeit trafficking, tax evasion, fraud, or other unlawful conduct. Applicable Seller Terms may provide additional remedies for breach of these representations. ## 38. SELLER PAYOUTS Seller payouts may be issued through approved methods, including ACH, wire transfer, check, approved third-party payout providers, Zelle where approved, store credit, or another disclosed method. You are responsible for providing accurate payout instructions. Saconde may require additional verification before changing payout information and may delay or refuse a payout change that reasonably appears suspicious, unauthorized, incomplete, inconsistent, or high-risk. Subject to applicable law and applicable Seller Terms, Saconde may withhold, delay, offset, freeze, or adjust payouts because of: * Disputes; * Returns; * Refunds; * Chargebacks; * Fraud; * Authentication investigations; * Counterfeit concerns; * Ownership disputes; * Legal compliance; * Valid law-enforcement or governmental requests; * Tax reporting requirements; * Processor holds; * Amounts lawfully owed to Saconde; or * Material breach of applicable terms. ## 39. TAX REPORTING Users receiving payments may be subject to tax-reporting requirements. Saconde may request taxpayer-identification information, Form W-9, business information, or other tax documentation where legally necessary. Saconde may issue Form 1099 or another tax document where required. Each user remains responsible for the user's own tax obligations, except taxes Saconde is legally required to collect, report, withhold, or pay. Failure to provide legally required tax information may result in delayed, withheld, or suspended payouts to the extent permitted or required by law. ## 40. USER CONTENT AND ITEM CONTENT Users may submit photographs, videos, descriptions, receipts, messages, reviews, item information, authentication materials, seller information, buyer information, and other content through the Services. You represent that you have the necessary rights to submit such content and that it is not knowingly unlawful, infringing, fraudulent, or materially misleading. Subject to the Privacy Policy and applicable law, you grant Saconde a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, display, distribute, modify, crop, edit, publish, and create derivative works from submitted content solely as reasonably necessary to: * Operate the Services; * Authenticate or inspect items; * Create and syndicate listings; * Market and sell applicable items; * Provide customer support; * Prevent fraud; * Resolve disputes; * Comply with legal obligations; * Conduct internal analytics, training, and quality control; and * Improve the Services. The license continues only as long as reasonably necessary for legitimate business, legal, compliance, archival, fraud-prevention, dispute, and operational purposes. Government identification documents, taxpayer information, identity-verification selfies, financial information, and similar sensitive verification materials will not be used for general advertising merely because they were submitted through the Services. Any use of a customer's name, likeness, testimonial, or endorsement for advertising will be subject to applicable law and any required consent. ## 41. CONTENT MODERATION, REPORTING, AND ENFORCEMENT Where the Services permit reviews, public profiles, messages, comments, livestream interactions, user-created listings, or other user-generated content, Saconde may establish reasonable content standards and moderation processes. Subject to applicable law, Saconde may: * Review, reject, restrict, remove, preserve, or disable access to content; * Investigate reports of unlawful or prohibited conduct; * Remove counterfeit listings, fraudulent content, harassment, threats, infringement, deceptive reviews, personal information posted without authorization, malicious content, or other prohibited material; * Restrict accounts for repeated or serious violations; * Provide reporting or blocking tools where appropriate to the feature; * Preserve information for fraud, security, disputes, or legal compliance; and * Respond to valid legal requests. Saconde does not guarantee that it will review every submission before publication. ## 42. CAMERA, PHOTOS, MICROPHONE, AND DEVICE PERMISSIONS Depending on features actually offered, the Saconde application may request access to device capabilities such as: * Camera; * Photo library; * Microphone; * Device storage; * Notifications; or * Location. Saconde will request permissions only in connection with available features and will provide platform disclosures where required. Permissions may support: * Uploading item photographs or videos; * Scanning documents; * Identity verification; * Customer support; * Security or fraud prevention; * Shipping or pickup features; * Notifications; or * Other user-requested functionality. Users may revoke permissions through device settings, although features requiring the affected permission may no longer function. Saconde will not access a user's contact list unless a specific feature requires it, appropriate disclosure is provided, and any required permission is obtained. ## 43. LOCATION INFORMATION Saconde may collect approximate or precise location information only where permitted by applicable law and applicable device, browser, or application permissions. Depending on the feature, location may be used for: * Fraud prevention; * Account security; * Shipping estimates; * Local store or pickup functionality; * Marketplace compliance; * Tax calculations; * Customer support; * Account protection; or * Service improvement. Where precise device location is requested, Saconde will provide any legally required notice or permission prompt. Users may disable location access through applicable browser, device, or application settings, although certain location-based features may not function. ## 44. PUSH NOTIFICATIONS Saconde may offer: * Security notifications; * Transactional notifications; * Order, shipping, or delivery updates; * Seller, consignment, buyout, authentication, or payout updates; * Customer-support communications; * Application updates; and * Promotional or marketing notifications where permission or consent is required and obtained. Users may manage notification preferences through the application, browser, operating-system settings, or other available controls. Disabling promotional push notifications does not automatically withdraw consent from another communication channel, such as email or SMS, unless Saconde expressly provides otherwise. Likewise, opting out of one marketing channel does not automatically opt a user out of every other independently authorized channel. ## 45. SMS, TEXT MESSAGES, EMAILS, AND COMMUNICATIONS Saconde may contact users concerning account activity, purchases, orders, seller submissions, buyout offers, consignments, payouts, authentication, shipping, disputes, security, customer support, legal notices, and other service-related matters. Marketing communications will be subject to separate consent where required. Consent to marketing texts is not a condition of purchasing goods or using Saconde's Services. Message and data rates may apply. Message frequency may vary. Where applicable: * Reply STOP to opt out of marketing texts; * Reply HELP for assistance. Transactional, security, legally required, or service-related messages may continue where legally permitted. Users represent that they are authorized to provide the telephone number submitted and should promptly notify Saconde if the number is reassigned or no longer controlled by them. Additional terms may be provided in Saconde's SMS / Text Message Marketing and Communications Terms and Push Notification Terms. ## 46. AI-ASSISTED TOOLS AND AUTOMATED SYSTEMS Saconde may use artificial intelligence, machine learning, automated tools, risk models, fraud-detection systems, pricing tools, listing tools, image-review tools, authentication-support tools, customer-support tools, and operational analytics. These systems may support: * Authentication review; * Fraud and counterfeit prevention; * Pricing recommendations; * Listing generation; * Image review; * Item categorization; * Risk scoring; * Customer support; * Marketplace integrity; * Security monitoring; * Compliance review; and * Operational efficiency. Saconde may combine automated review with human review. AI-assisted tools may make mistakes, and Saconde does not guarantee error-free output. Where applicable law requires human involvement or review for a legally significant decision, Saconde will comply with that requirement. Where appropriate and legally required, a user may request human review of certain materially adverse automated determinations through the contact methods made available by Saconde. ## 47. THIRD-PARTY SERVICES, PROVIDERS, AND LINKS Saconde may use or link to third-party services, including: * Payment processors; * Payout providers; * Banks; * Identity-verification providers; * Fraud-prevention providers; * Authentication providers; * Shipping carriers; * Insurers; * Cloud-hosting providers; * Analytics providers; * Customer-support providers; * Marketing providers; * SMS or email providers; * Marketplace platforms; * App stores; * Social networks; * Financing providers; * Security providers; and * Professional advisors. Third-party services may be governed by separate terms and privacy policies. A link to an independent third-party website does not necessarily constitute Saconde's endorsement. Saconde is not responsible for the independent acts, omissions, outages, errors, restrictions, or data practices of third parties except to the extent Saconde is legally responsible for them, including where a third party acts as Saconde's service provider and applicable law imposes responsibility on Saconde. ## 48. MARKETPLACE SYNDICATION AND SALES CHANNELS Subject to applicable Seller Terms and other agreements, Saconde may list, market, promote, display, offer, sell, auction, or syndicate items through: * Saconde's website; * Saconde's applications; * Physical locations; * Invoices; * Social media; * Livestream platforms; * Online marketplaces; * Wholesale channels; or * Other approved channels. Saconde may share item photographs, videos, descriptions, pricing, condition information, authentication information, seller-provided information, and transaction information as reasonably necessary to market, sell, ship, authenticate, or support an item, subject to applicable law and the Privacy Policy. ## 49. PROMOTIONS, DISCOUNTS, STORE CREDIT, AND GIFT CARDS Saconde may offer promotions, discounts, coupons, rewards, referral benefits, promotional credits, courtesy credits, merchandise credits, purchased gift cards, or store credit. Different categories of value may be governed by different legal requirements and separate terms. Unless otherwise stated and subject to applicable law: * Promotions may be limited in duration; * Promotions may be subject to eligibility requirements; * Promotions may be limited by item, category, account, location, date, or transaction; * Promotional value may expire where legally permitted; * Promotional value may be revoked for fraud, abuse, qualifying returns, chargebacks, or violation of applicable terms; and * Purchased gift cards or gift certificates will be administered according to applicable law and applicable Gift Card and Store Credit Terms. Saconde will not retroactively deprive a customer of an earned promotional benefit after the customer has satisfied all stated conditions, except in cases of fraud, abuse, mistake, reversal of the qualifying transaction, or where otherwise expressly disclosed and legally permitted. ## 50. PROHIBITED CONDUCT You may not use the Services to: * Submit, sell, consign, or transact in counterfeit or stolen goods; * Commit or attempt fraud; * Use materially false identity information; * Misrepresent ownership, authority, authenticity, condition, or item history; * Initiate knowingly fraudulent or abusive chargebacks; * Use unauthorized payment methods or payout accounts; * Circumvent fees through unauthorized off-platform transactions; * Harass, threaten, unlawfully abuse, or unlawfully harm users, employees, contractors, or third parties; * Upload unlawful, infringing, deceptive, malicious, or harmful content; * Conduct unauthorized scraping, crawling, copying, or data extraction; * Reverse engineer or interfere with the Services except where applicable law permits; * Manipulate listings, reviews, ratings, transactions, or marketplace integrity; * Engage in money laundering, tax evasion, trafficking in counterfeit or stolen goods, financial crime, or other unlawful activity; * Circumvent sanctions, export controls, legal restrictions, or security controls; or * Violate applicable law or applicable Saconde terms. ## 51. ACCOUNT SUSPENSION, RESTRICTION, AND TERMINATION Subject to applicable law, Saconde may reasonably suspend, restrict, freeze, disable, or terminate an account or access to the Services where: * These Terms are materially violated; * Counterfeit, stolen, illegal, unsafe, or materially misrepresented goods are submitted; * Fraud, chargeback abuse, payment abuse, payout abuse, or suspicious activity occurs; * An account or device appears compromised; * Required verification is not completed; * Materially false or misleading information is provided; * Abusive or unlawful conduct occurs; * Third-party rights are violated; or * Continued access creates a material legal, financial, operational, security, counterfeit, or compliance risk. Where legally required, Saconde will provide notice, an explanation, an appeal mechanism, or another required process. Termination does not waive accrued payment obligations, claims, rights, or remedies. ## 52. SERVICE AVAILABILITY, WEBSITE AND APP UPDATES, AND MODIFICATIONS Saconde may modify, update, suspend, discontinue, or remove a feature, service, listing, tool, function, or content, subject to applicable law and binding contractual obligations. Saconde does not guarantee uninterrupted, error-free, secure, or universally compatible operation. Application updates may be required to continue using certain features, and older versions may cease functioning. Saconde is not responsible for losses resulting solely from circumstances outside its reasonable control, including third-party outages, carrier failures, device incompatibility, network issues, maintenance, or software failures, except where liability cannot lawfully be disclaimed. ## 53. INTELLECTUAL PROPERTY The Services and associated brand names, logos, trademarks, service marks, designs, photographs, videos, listings, text, graphics, software, code, layouts, icons, interfaces, databases, workflows, content, and related materials are owned by Saconde or its licensors and protected by applicable intellectual-property law. No rights are granted except those expressly stated in these Terms. Designer brand names, logos, trademarks, and product names referenced by Saconde remain the property of their respective owners. Such references are for identification, description, authentication, resale, compatibility, or other lawful purposes and do not imply affiliation, sponsorship, endorsement, or authorization unless expressly stated. ## 54. COPYRIGHT AND INTELLECTUAL-PROPERTY COMPLAINTS If you believe material available through the Services infringes your copyright or other intellectual-property rights, you may submit a written complaint to Saconde containing sufficient information to identify: * The protected work or right allegedly infringed; * The material claimed to be infringing and information reasonably sufficient to locate it; * Your name and contact information; * A statement of your good-faith belief that the disputed use is not authorized by the rights holder, its agent, or law; * A statement, made under penalty of perjury where applicable, that the information in the notice is accurate and that you are authorized to act for the rights holder; and * Your physical or electronic signature. Where the Digital Millennium Copyright Act applies, Saconde may maintain a designated DMCA agent and process qualifying notices and counter-notices according to applicable law. Saconde may adopt and reasonably implement a policy concerning repeat infringers where legally required. ## 55. FEEDBACK If you voluntarily provide ideas, suggestions, feedback, improvements, or recommendations concerning the Services, you grant Saconde a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use that feedback without compensation or attribution, subject to applicable law. This provision does not transfer ownership of personal information or other content merely because it contains feedback. ## 56. ACCESSIBILITY Saconde seeks to make its digital Services accessible to users with disabilities. If you experience difficulty accessing content, functionality, goods, services, or information through the website or app, or require information in an alternative format, please contact Saconde at hello@saconde.com and identify the page, screen, feature, content, or issue involved. Saconde will make reasonable efforts to investigate accessibility concerns and provide reasonable assistance where appropriate and required by law. Nothing in this section constitutes a representation that every aspect of the Services complies with a particular accessibility standard unless Saconde expressly states otherwise. ## 57. DISCLAIMER OF WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND DIGITAL FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SACONDE DISCLAIMS WARRANTIES CONCERNING UNINTERRUPTED AVAILABILITY, ERROR-FREE OPERATION, COMPATIBILITY, AND OTHER IMPLIED WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED. SACONDE DOES NOT GUARANTEE THAT: * THE SERVICES WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE; * THE SERVICES WILL BE COMPLETELY FREE FROM UNAUTHORIZED ACCESS; * THE SERVICES WILL FUNCTION ON EVERY DEVICE OR OPERATING SYSTEM; * EVERY PRODUCT DESCRIPTION WILL IDENTIFY EVERY MINOR CONDITION CHARACTERISTIC; * EVERY THIRD PARTY WILL AGREE WITH AN AUTHENTICATION OPINION; * EVERY THIRD-PARTY SERVICE WILL OPERATE WITHOUT ERROR; * BIOMETRIC LOGIN WILL PREVENT EVERY INSTANCE OF UNAUTHORIZED ACCESS; OR * FRAUD-PREVENTION SYSTEMS WILL DETECT EVERY INSTANCE OF FRAUD. THESE DISCLAIMERS DO NOT DISCLAIM: * AN EXPRESS WRITTEN WARRANTY MADE BY SACONDE; * A WARRANTY OF TITLE TO THE EXTENT IT CANNOT LAWFULLY BE DISCLAIMED; * A STATUTORY WARRANTY THAT CANNOT BE WAIVED; * LIABILITY FOR FRAUD OR INTENTIONAL MISREPRESENTATION; OR * A CONSUMER RIGHT THAT CANNOT LAWFULLY BE WAIVED. Some jurisdictions do not permit certain disclaimers, in which case those disclaimers apply only to the maximum extent permitted by law. ## 58. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SACONDE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM THE SERVICES OR A TRANSACTION. TO THE FULLEST EXTENT PERMITTED BY LAW, SACONDE'S AGGREGATE LIABILITY FOR A CLAIM ARISING FROM A SPECIFIC TRANSACTION WILL NOT EXCEED THE AMOUNT PAID TO OR RECEIVED FROM SACONDE IN CONNECTION WITH THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM. FOR CLAIMS NOT INVOLVING A PURCHASE, SALE, CONSIGNMENT, BUYOUT, OR OTHER MONETARY TRANSACTION, SACONDE'S AGGREGATE LIABILITY WILL NOT EXCEED $100, EXCEPT WHERE A DIFFERENT LIMIT IS REQUIRED BY LAW. THE FOREGOING LIMITATIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW, INCLUDING, WHERE APPLICABLE: * FRAUD; * WILLFUL MISCONDUCT; * GROSS NEGLIGENCE WHERE LIABILITY CANNOT BE LIMITED; * DEATH OR PERSONAL INJURY WHERE LIABILITY CANNOT BE LIMITED; * STATUTORY PRIVACY LIABILITY THAT CANNOT BE LIMITED; * FAILURE TO DELIVER PAID GOODS WHERE LIABILITY CANNOT BE LIMITED; * BREACH OF AN EXPRESS WRITTEN OBLIGATION WHERE LIMITATION IS PROHIBITED; OR * ANY OTHER NONWAIVABLE LIABILITY. ## 59. INDEMNIFICATION To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Saconde and its owners, members, officers, directors, employees, agents, affiliates, successors, and assigns from third-party claims, liabilities, damages, judgments, penalties, costs, and reasonable attorneys' fees arising from: * Your unlawful conduct; * Your intentional misconduct or fraud; * Your material violation of these Terms; * Your violation of third-party rights; * Infringement caused by content you submitted; * Counterfeit, stolen, illegal, unsafe, infringing, or materially misrepresented goods you submitted; * Your knowing provision of materially false information; or * Your breach of seller representations or warranties. This provision does not require a consumer to indemnify Saconde for Saconde's own negligence, unlawful conduct, breach of contract, or other liability where such indemnification would be prohibited by applicable law. ## 60. FORCE MAJEURE To the extent permitted by law, Saconde will not be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, labor disputes, war, terrorism, civil unrest, governmental action, public-health emergencies, power outages, internet outages, carrier failures, supply-chain disruptions, payment-processor outages, marketplace outages, app-store restrictions, cyberattacks, or similar events. This provision does not eliminate any refund, cancellation, or other right required by applicable law. ## 61. GOVERNING LAW AND STATE-SPECIFIC RIGHTS These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles, except to the extent another jurisdiction's law applies and cannot lawfully be waived. If you are a consumer, nothing in these Terms deprives you of mandatory protections afforded by the laws of your state of residence. These Terms are intended to apply to users throughout all fifty (50) United States and the District of Columbia. Because consumer-protection, warranty, automatic-renewal, gift-card, privacy, biometric, accessibility, electronic-transaction, arbitration, and other laws vary by jurisdiction, any provision of these Terms that conflicts with a nonwaivable legal right will be interpreted, modified, limited, or disregarded only to the minimum extent necessary to comply with applicable law. Saconde does not require a consumer to waive a right that applicable law makes nonwaivable. ## 62. INFORMAL DISPUTE RESOLUTION Before commencing arbitration, the party asserting a dispute must provide the other party with an individual written Notice of Dispute containing: * The claimant's full name and contact information; * The applicable account, order, submission, or transaction information, if available; * A reasonably detailed description of the dispute; * The legal and factual basis of the claim, to the extent known; and * The specific relief requested. Notice to Saconde must be sent to: **Saconde & Saconde, LLC** 521 W 26th St, Floor 5 New York, NY 10001 United States Email: hello@saconde.com The parties will attempt in good faith to resolve the dispute for at least thirty (30) days after receipt of a complete Notice of Dispute before arbitration is filed, unless applicable law requires otherwise. Any applicable limitation period will be tolled during this mandatory thirty-day informal-resolution period to the extent required by law. ## 63. BINDING INDIVIDUAL ARBITRATION **PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL.** Except for disputes expressly excluded below and to the fullest extent permitted by law, you and Saconde agree that disputes arising out of or relating to these Terms, the Services, products, purchases, sales, consignments, buyouts, payments, payouts, accounts, authentication, communications, privacy, biometric login, or the relationship between you and Saconde will be resolved through binding individual arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA rules applicable to the dispute, including the Consumer Arbitration Rules for qualifying consumer disputes and applicable supplementary mass-arbitration rules. If AAA is unavailable or declines to administer a dispute, the parties will attempt in good faith to select another nationally recognized arbitration provider. If they cannot agree, a court of competent jurisdiction may appoint an administrator consistent with applicable law. The arbitrator may award any individual remedy available in court, subject to applicable law. Consumer filing fees and arbitration costs will be allocated according to applicable AAA rules and law. A consumer may participate by documents, telephone, videoconference, or at a reasonably convenient location where applicable rules or law so provide. Nothing in this arbitration agreement prevents either party from: * Bringing an eligible individual action in small claims court; * Seeking temporary or preliminary injunctive relief in a court where legally permitted; * Reporting conduct to a governmental agency; * Participating in a governmental investigation; or * Seeking public injunctive relief in court where applicable law prohibits waiver of that right. Questions concerning the formation or existence of the arbitration agreement and any matter that applicable law requires a court to decide will be decided by a court. Other gateway questions may be decided by the arbitrator to the extent permitted by law and the incorporated arbitration rules. ## 64. THIRTY-DAY ARBITRATION OPT-OUT RIGHT If you are a new user accepting these Terms for the first time, you may opt out of the arbitration agreement in Section 63 by sending written notice to hello@saconde.com within thirty (30) days after first accepting these Terms. The opt-out notice must include: * Your full name; * The email address associated with your Saconde account, if any; * A clear statement that you are opting out of the arbitration agreement; and * The date of the notice. Opting out of arbitration will not affect the other provisions of these Terms. A valid opt-out applies only to the arbitration agreement covered by the acceptance from which the user timely opted out. ## 65. CLASS ACTION AND REPRESENTATIVE ACTION WAIVER TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SACONDE AGREE THAT EACH MAY ASSERT CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PARTICIPANT IN A CLASS, COLLECTIVE, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION. This waiver does not apply to the extent applicable law makes a particular waiver unenforceable. If a court finally determines that a particular claim or request for relief cannot lawfully be arbitrated on an individual basis, that claim or request will be severed and handled as required by law, while remaining arbitrable claims proceed in arbitration to the fullest extent permitted. ## 66. MASS ARBITRATION If twenty-five (25) or more substantially similar arbitration demands are submitted against Saconde by or with the assistance of the same or coordinated counsel, organization, or group, the applicable AAA mass-arbitration procedures will govern to the extent applicable. The parties agree to cooperate in good faith with reasonable procedures designed to promote efficient resolution while preserving individual claims and complying with applicable law. Nothing in this section requires a claimant to waive a nonwaivable right or imposes a procedure inconsistent with mandatory arbitration rules or applicable law. ## 67. ARBITRATION SEVERABILITY AND SURVIVAL The arbitration agreement survives account closure, deletion, termination of these Terms, completion of a transaction, and cessation of use of the Services. If a provision of Sections 62 through 66 is held unenforceable, it will be severed or limited to the minimum extent necessary, unless doing so would fundamentally alter the arbitration agreement. If the class-action waiver is held unenforceable for a particular claim in circumstances where class arbitration would otherwise result, the parties do not consent to class arbitration unless expressly agreed in writing. ## 68. CHANGES TO THESE TERMS Saconde may update these Terms prospectively. For nonmaterial changes, Saconde may post revised Terms with an updated effective date. For material changes, Saconde may provide advance notice by email, in-app notice, website notice, account notification, login screen, or another reasonable method. Where affirmative consent is legally required or reasonably appropriate because of a material change affecting arbitration, payments, payouts, ownership rights, or other significant contractual rights, Saconde may require affirmative acceptance. Unless expressly agreed and legally permitted, revised Terms will not retroactively alter completed transactions, accrued claims, or disputes that arose before the revised Terms became effective. If you do not agree to revised Terms, you must discontinue use of the affected Services. ## 69. ELECTRONIC RECORDS, COMMUNICATIONS, AND SIGNATURES Subject to applicable law, you consent to receive electronic records, agreements, disclosures, notices, receipts, confirmations, tax documents, payout information, privacy notices, biometric notices, account notices, and other communications from Saconde. Electronic actions, including checkboxes, button clicks, app confirmations, SMS confirmations, email confirmations, typed names, and other electronic signatures, may have the same legal effect as handwritten signatures where legally valid. You are responsible for maintaining a device, internet connection, supported browser or application, and email address reasonably capable of accessing electronic communications. Where legally required, Saconde will provide information concerning: * Hardware and software requirements; * Withdrawal of electronic consent; * Consequences of withdrawal; * Requests for paper copies; * Applicable paper-copy fees, if any; * Updating contact information; and * Downloading or retaining electronic records. Withdrawal of electronic consent may limit access to Services that necessarily require electronic contracting or delivery, subject to applicable law. ## 70. SEVERABILITY Except as otherwise specifically provided in the arbitration provisions, if any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions remain effective. The invalid provision will be limited or modified to the minimum extent necessary to make it enforceable where permitted, or severed if modification is not legally permitted. ## 71. NO WAIVER Saconde's failure to enforce a provision does not constitute a waiver of that provision or another right. Any express waiver by Saconde must be in writing and applies only to the particular circumstance identified. ## 72. ASSIGNMENT You may not assign these Terms without Saconde's prior written consent, except where applicable law provides otherwise. Saconde may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, transfer of business, change of control, or operation of law, subject to applicable law. ## 73. ENTIRE AGREEMENT These Terms, together with applicable additional agreements, transaction-specific terms, policies, notices, and consents incorporated by reference, constitute the agreement between you and Saconde concerning the subject matter they govern. Nothing in this section causes a general policy to override more specific transaction terms under the order of precedence established in Section 2\. ## 74. NO THIRD-PARTY BENEFICIARIES Except for Apple and its subsidiaries solely as expressly provided in the Apple-specific terms, and except where another agreement expressly provides otherwise, these Terms do not create third-party beneficiary rights. ## 75. SURVIVAL Provisions that by their nature should survive termination will survive, including provisions concerning accrued payment obligations, ownership, intellectual property, licenses necessary for retained records, fraud, counterfeit goods, seller representations, indemnification, warranty disclaimers, liability limitations, disputes, arbitration, and other provisions reasonably intended to survive. ## 76. STATE-SPECIFIC AND JURISDICTION-SPECIFIC SAVINGS CLAUSE These Terms are intended for use throughout the United States, but state and local laws may provide additional rights. Accordingly: * California consumers retain all nonwaivable rights under applicable California consumer-protection, privacy, warranty, automatic-renewal, and other laws; * New York consumers retain all nonwaivable rights under applicable New York consumer-protection, gift-card, privacy, retail, electronic-transaction, and other laws; * Residents of Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, Virginia, and other states with comprehensive consumer privacy laws retain applicable statutory rights; * Residents of Illinois, Texas, Washington, and other jurisdictions with biometric laws retain applicable nonwaivable biometric privacy rights; * Residents of states with specific gift-card, merchandise-credit, refund-disclosure, automatic-renewal, warranty, privacy, data-breach, electronic-signature, or consumer-protection requirements retain those rights; * No choice-of-law, arbitration, warranty, liability, indemnity, final-sale, claim-deadline, or other contractual provision will be interpreted to waive a right that applicable law makes nonwaivable. If a state-specific law applies to a particular transaction or user and conflicts with these Terms, the mandatory legal requirement controls only to the extent of the conflict. ## 77. CONTACT INFORMATION For questions, legal notices, accessibility concerns, account inquiries, or other communications regarding these Terms, contact: **Saconde & Saconde, LLC** 521 W 26th St, Floor 5 New York, NY 10001 United States **Email:** hello@saconde.com **Website:** [www.saconde.com](http://www.saconde.com/)