Seller Terms

 

Parties and definitions

This agreement is between Luxury Exchange, of Unit 12 South Bank, Crosses Green, Cork, Ireland ("we", "us"), and the person named below ("you", the "Seller"). The effective date is the date of your signature.

Your name, email, phone number and address are the ones you gave when you submitted your Items, and form part of this agreement. Where you choose Instant Cash or Consignment, you also provide your IBAN at the point of accepting the offer. Store Credit requires no bank details.

Definitions

  • Item means each piece you send us, as listed in Schedule A.
  • Quoted Amount means the amount shown against an Item in Schedule A for the Payout Route you chose, subject to Authentication.
  • Payout Route means the option you selected for an Item: Instant Cash, Store Credit or Consignment.
  • Authentication means our inspection and verification process under section 4, by which we confirm an Item is genuine, as described, and fit for sale.
  • Sale means a completed sale of a consigned Item to a buyer, with payment received and no pending return or dispute.
  • Sale Price means the price at which we sell a consigned Item. You have no claim to any difference between the Sale Price and the Quoted Amount.

1. Quotes, offers and acceptance

An offer is valid for 14 days and is not binding on us until the Item has passed Authentication.

  • You submit your Items to us with photographs and a description through our seller form.
  • We send you an offer for each Item we wish to take, showing an amount for each available Payout Route. We may decline an Item without offering for it.
  • You choose one Payout Route for each Item, or mark it as not for sale. Your choices are recorded in Schedule A.
  • Every offer expires 14 days after it is sent. If your Items have not been posted to us within that period, the offer lapses and you must submit them again for a fresh quote. Prices change, and a later quote may be higher or lower.
  • Each offer is made on the information you provided. It is provisional until we have received and authenticated the Item.

2. Sending your items

We provide a prepaid, insured shipping label once you accept an offer. You must post your Items before the offer expires.

  • When you accept an offer, we email you a prepaid shipping label. The label is void once the offer expires.
  • Pack each Item securely. You are responsible for packaging.
  • Risk of loss or damage in transit to us is covered by the insurance on the label we provide, up to the insured value. Any loss above that value remains with you until we confirm receipt.
  • Send only the Items listed in Schedule A. We are not responsible for anything else included in the parcel.
  • If you post your Items after the offer has expired, we will re-quote them on arrival. You are not obliged to accept the new quote, but return postage will then be at your cost under section 4.

3. Authentication and inspection

Every Item is authenticated on arrival. No payment, credit or consignment listing happens before it passes.

  • On receipt we inspect and authenticate each Item. This may include examining materials, hardware, construction, serial numbers, date codes, packaging and accompanying documentation, comparison against reference data and, where appropriate, third-party authentication services.
  • If an Item passes Authentication and matches your description, we confirm the Quoted Amount and proceed under the Payout Route you chose.
  • If an Item is not in the condition described, we may offer you a revised Quoted Amount. You may accept it or decline it. If you decline, we return the Item to you and return postage is at your cost.
  • If an Item fails Authentication, or is found to be counterfeit, replica or materially different from its description, we will not buy, credit or consign it. We will notify you and tell you what happens next. We may be required by law to take further steps in relation to counterfeit goods.
  • We take reasonable care of any Item pending its return, but are not liable for any reduction in value caused by the Authentication process itself, including any markings, tags or notations reasonably applied for verification.
  • If you do not respond to a request for return instructions, or do not pay return costs due, within 30 days of notification, we may store the Item at your risk and cost, or dispose of it in accordance with applicable law after giving you a further 14 days' written notice.

4. Part A — Instant cash

This section applies to each Item for which you chose Instant Cash.

  • We pay you the Quoted Amount within seven (7) days of successful Authentication, by bank transfer to the IBAN you provided, or another method agreed in writing.
  • You are responsible for giving us accurate and complete payment details. We are not liable for delays caused by incomplete, inaccurate or outdated details.
  • Title to the Item passes to us on successful Authentication and confirmation of sale. Once title has passed, the Item is ours to sell at any price, and you have no claim to any part of that price.
  • All payments are made in euro. You are solely responsible for any tax arising from the sale.
  • Once we have paid you, the sale is final and cannot be changed to another Payout Route.

5. Part B — Store credit

This section applies to each Item for which you chose Store Credit. Store credit cannot be converted to cash or changed to another Payout Route once chosen.

  • We issue the Quoted Amount as store credit to your Luxury Exchange account within seven (7) days of successful Authentication.
  • Store credit can be spent on anything we sell, through any of our sales channels, including our live shopping shows.
  • Store credit is not redeemable for cash, in whole or in part, and cannot be refunded, exchanged for a bank transfer, or converted to an instant cash or consignment arrangement after you have accepted it. This applies even if you do not spend it.
  • Store credit is personal to you and is not transferable to another person or account.
  • Store credit is valid for [X] months from the date it is issued. [Confirm your expiry period, or delete this clause if credit does not expire.]
  • Title to the Item passes to us on successful Authentication, in the same way as under Part A.
  • If you use store credit against a purchase and later return that purchase under our returns policy, the amount is refunded to you as store credit, not as cash.

6. Part C — Consignment

This section applies to each Item for which you chose Consignment. You are paid the Quoted Amount when the Item sells, not before.

Payment

  • On a Sale, we pay you the Quoted Amount shown in Schedule A, within thirty (30) days of the Sale date by bank transfer.
  • We set and control the Sale Price at our sole discretion. We may sell the Item for more or less than the Quoted Amount, and any difference belongs to us. Your entitlement is strictly the Quoted Amount.
  • We may withhold or deduct from payments any amounts you owe us, such as handling or return shipping fees.
  • All payments are in euro. We handle any VAT or sales tax arising on the Sale.

Term

  • The minimum consignment period is three (3) months from the date we confirm receipt of the Item.
  • If you ask for an unsold Item back before the end of that period, you pay all return shipping costs plus a €100 handling fee.
  • The maximum consignment period is twelve (12) months from receipt. If an Item is still unsold at the end of it, a six (6) month reclamation period begins, during which we will try to contact you to arrange return at your expense.
  • If the Item is unclaimed at the end of the reclamation period, ownership transfers to us and we may sell, donate or dispose of it without liability.

Price adjustments

  • We may propose a reduction or adjustment to the retail Sale Price to help an Item sell.
  • Any change to the Sale Price or the Quoted Amount must be agreed in writing by both of us, including by email or electronic message, before it takes effect.
  • If we cannot agree within seven (7) days, you may ask for the Item back, subject to the handling and shipping costs above.
  • Once agreed, the new Quoted Amount replaces the previous figure for the rest of the term unless changed again by agreement.

While we hold your item

  • We have exclusive rights to market, photograph, display and sell the Item through our channels during the term.
  • Title stays with you until a Sale occurs, at which point it transfers to the buyer.
  • Risk passes to us on confirmed receipt at our premises and returns to you on return shipment.
  • We maintain reasonable insurance for loss or damage while the Item is in our possession, excluding normal wear and tear.
  • You agree not to interfere with any listing or communication about the Item once consigned. Breach of this may result in termination and return of the Item at your expense.

Ending a consignment

This arrangement may be ended by written agreement, by us if you breach any term, or by you after the minimum term, subject to the fees above.

7. Your warranties

By signing, you confirm for every Item you send us that:

  • you are the lawful owner, or are otherwise fully authorised to sell it, and it is free from any lien, charge or claim by a third party;
  • to the best of your knowledge it is genuine and authentic, has not been reported lost or stolen, and was lawfully acquired by you;
  • all descriptions you have given us, including condition, materials and history, are true, accurate and not misleading in any material respect; and
  • the photographs you submitted are of the actual Item you are sending.

8. General terms

Data protection. We process your personal data in accordance with applicable data protection law, including the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act 2018, for the purposes of performing this agreement, verifying your identity and preventing fraud. Further details are in our privacy policy at luxuryexchange.ie.

Force majeure. Neither of us is liable for delays or failures caused by events beyond reasonable control, such as natural disasters, strikes or pandemics.

Notices. All notices must be in writing and sent by email or registered post to the addresses given above.

Governing law. This agreement is governed by the laws of Ireland, and we both agree to the exclusive jurisdiction of the Irish courts.

Entire agreement. This agreement, together with Schedule A, is the entire understanding between us. If any provision is held invalid, the rest remains in effect.