FOR SELLER
1.OVERVIEW
1.1. The entity known as SONO LUXE LTD. is incorporated under the laws of in England and Wales (company registration number 14016428 ) and has its principal place of business at 86-90 Paul Street, London, EC2A 4NE. References to "SONO LUXE," "we," "our," or "us" in these terms and conditions refer to SONO LUXE LTD.
1.2. SONO LUXE operates a consignment marketplace that provides a platform for the sale and marketing of luxury designer items. Our role is that of an intermediary between sellers and buyers, and we oversee the quality control, authentication, sale and delivery of these items (the "Service").
2. RELATIONSHIP
2.1 By accessing and utilizing the Service as a seller, you agree to be bound by these Seller Terms and any accompanying documents (collectively, the "Agreement") that define your relationship with SONO LUXE LTD. It is important that you read and understand the Agreement before using the Service. If you do not agree to these terms, you may not use the Service.
2.2 The Service is solely intended for individual consumers. If you are a trader, professional, or corporate entity, you are not authorized to use the Service.
3. ABOUT SELLER
3.1 In order for SONO LUXE LTD. to operate the Service and facilitate payment for any sales, you must provide us with certain contact, payment, billing, and other information. Your privacy is important to us, and we take measures to safeguard your information. Please read our Privacy Policy to understand how we collect, use, and disclose information about you.
4.CONSIGN YOUR ITEMS
4.1 FILL IN THE FORM: To consign your item(s) on the Service, you must complete the form on page Sell to us and provide any other information we request regarding your item(s).
4.2 PHOTOGRAPH REQUIREMENTS: You must provide high-quality photographs of each item to SONO LUXE LTD. The photographs must accurately reflect the actual quality, external appearance, and any faults of the item. The use of stock photography is not permitted.
4.3 ITEM EVALUATION:
Upon receipt of your item description and photograph(s), we will evaluate the item to determine whether it is suitable for sale on the Service and its estimated sale value. We will notify you in email of our acceptance or rejection of the item and, if accepted, its estimated sale value. This estimated sale value will be referred to as the "Estimated Sale Value."
4.4 ITEM ACCEPTANCE & REJECTION: We reserve the right to accept or reject items at our discretion. Factors that we consider when deciding whether to accept an item include:
When considering whether to accept an item for consignment on the Service, we take into account various factors, including but not limited to:
a. The item's compliance with the condition and cleanliness requirements, as well as the warranties and representations outlined in Section 4 and Section 5 below; and
b. Whether the item falls within the brand or category of items that we are currently accepting. Please note that we reserve the right to modify the brands or categories of items that we accept on the Service at any time, at our discretion and without prior notice.
4.5 SENDING ITEMS: Upon initiating the process of sending your items to us, we will mutually agree upon an Estimated Sale Value. It is your responsibility to arrange for the secure and prompt delivery of the item to our facilities. We present two options for sending your item, both of which are described in detail in section 7 of our terms and conditions:
a. Delivery by you: You may choose to deliver the item to us yourself.
b. Secured collection courier: Alternatively, you may opt to pay for a secured collection courier fee, which will be handled by our team.
4.6 DAMAGED ITEMS: We do not accept damaged items. If the description or photographs of an item you submit to us reveal any damage or fault, the item may be rejected at our discretion.
4.7 OPTIONS FOR DAMAGED ITEMS: If a damaged or faulty item is sent to us, we reserve the right to either:
a. return the item to you at your expense (we will not return the item until we have received payment for delivery); or
b. charge you starting from £30 for the cost of repairing the item before we market the item on the Service and may increased on additional services required.
4.8 PAYMENT FOR REPAIRS: Repair costs will either be deducted from your commission if your item sells, or payable by you on collection of your item if the item does not sell (in accordance with section 7 below)
4.9 CONSIGNMENT REQUIREMENTS AND CLEANNING STANDARDS:
All items consigned to us must be in freshly cleaned and marketable condition, as determined by us in our discretion. In addition, any and all original packaging and receipts must be provided with the consigned items. If we determine that a consigned item does not meet our required level of cleanliness, we reserve the right to send the item for professional dry cleaning. Please note that any dry cleaning costs will be charged to you at a rate of £20 per item. Once we take possession of an item, we reserve the right to have it dry cleaned in accordance with this section without giving notice to you. If your item sells, we will deduct any dry cleaning costs from your commission of sale. If your item does not sell, you must pay us for dry cleaning costs before collecting or arranging delivery of your item.
4.10 REJECTION & RETURN: If an item is rejected due to cleanliness or undisclosed faults in previous submitted form, we regret that we will have to return the item to you at your expense.
5.ENSURING THE AUTHENTICITY & LEGALITY OF YOUR CONSIGNED ITEM(S)
When consigning any item to SONO LUXE LTD, you are making certain representations and warranties to us. These include:
a. The item matches the description and photographs you provided to Sellier.
b. You are the rightful owner of the item, and you have the authority to consign and sell it.
c. The consignment and/or sale of the item on the Service will not infringe upon the rights of any third party, including intellectual property rights.
d. The item meets all applicable laws and regulations, and it is an authentic item that has not been counterfeited, stolen, unapproved, or offered for sale and/or consignment in violation of a third party's rights or in an unauthorized territory.
6. AUTHENTICITY
6.1 DEFINITION OF INAUTHENTIC: An item is considered "Inauthentic" if it displays one or more of the following characteristics: (i) fake, (ii) counterfeit, (iii) unapproved, (iv) potentially or allegedly stolen, or (v) offered for sale/consignment in violation of a third party's rights or in an unauthorized territory.
6.2 AUTHENTICITY VERIFICATION: SONO LUXE is committed to preventing the sale of Inauthentic goods and takes steps to verify the authenticity of all items sold on the Service.
6.3 RESPONSIBILITY OF ITEM’S AUTHENTICITY: You are responsible for ensuring the authenticity of all items you wish to consign to us and sell on the Service. You acknowledge and agree that, to the extent permitted by applicable law, you will be solely responsible for all losses or damages that you or we incur in connection with any and all claims relating to or arising from the authenticity, ownership, legality or intellectual property rights in or to your item(s).
6.4 PENALTY OF INAUTHENTICITY : If we or our third-party authenticators determine that an item may be Inauthentic, or we cannot confirm the authenticity of the item, we will notify you. If we need further evidence to confirm the item's authenticity, we will give you the opportunity to provide such additional evidence. If we conclude that an item is Inauthentic, we may make a final determination and may, in our sole discretion:
a. destroy or return the item to you at your expense (if we return the item to you, we reserve the right to charge you a £100 administration fee prior to returning the item to you);
b. notify and/or cooperate with the relevant law enforcement agencies and/or brand; and/or
c. suspend or terminate your use of the Service.
6.5 COOPERATION WITH BRANDS & LAW ENFORCEMENT: We will fully cooperate with brands and law enforcement authorities to help identify and track the source of Inauthentic items. If you consign any Inauthentic items, we may reveal your contact details to brands and/or law enforcement authorities.
6.6 HERMES BAGS: We authenticate all Hermes bags with a third-party authenticator. If you wish to consign a Hermes bag without the original receipt, you will be responsible for paying the £135 cost of authentication, even if the bag does not sell on the Service. If your bag is successfully authenticated, we will provide you with a copy of any certificate of authenticity provided by the third-party authenticator.
7. TERMS& DELIVERY & RETURN
7.1 RETENTION OF LEGAL OWNERSHIP: By opting to sell an item through the Service, you will retain legal ownership of the item until it is sold to a buyer. We would like to make it clear that SONO LUXE does not gain any ownership or title rights to your item, nor do you grant us any such rights, even if the item has already been delivered to us.
7.2 OPTIONS FOR DELIVERY:
a. If you choose to deliver the item to us yourself, you will assume responsibility for the item's safety and protection during transportation. You will be accountable for any loss or damage that may occur until we confirm that we have taken physical possession of the item. In case of loss or damage during transportation, you may be entitled to compensation under the terms of your agreement with the relevant third-party shipping provider.
b. If you choose to have our team handle the collection of your item by arranging a home pickup, our partner courier service will charge a fee for this service. The fee for the home pickup service varies depending on the Estimated Sale Value of the item. For items with a value up to £1000, the fee is £25. For items worth more than £1000, the fee increases accordingly (e.g. £45 for items worth £2000, £65 for items worth £3000, and so on).
Please note that this fee must be paid in advance or deducted from the pay-out credit from the final sale. (i) If the item fails the authentication process; or (ii)if you decide to terminate the contract before the sale, or(iii) if the item is not sold, this fee must still be paid before the item is returned to you.
7.4 RESPONSIBILITY FOR LOSS & DAMAGE: Once we confirm in writing that we have received your item, we take responsibility for any loss or damage that occurs while it is in our possession. In such cases, we may, at our discretion, either repair the item or compensate you for the loss or damage, up to the maximum pay- out amount for the Estimated Sale Value.
If your item is lost, stolen, or damaged while in our possession and we have accepted it for consignment, the remedy described in Section 7.3 will be your sole and exclusive remedy against us, to the extent permitted by law.
7.5 MARKETING APPORACH: We may choose to market your consigned item for sale on our website and/or social media channels. While we cannot guarantee a specific marketing approach, we will make commercially reasonable efforts to sell your item. Our social media channels are reserved for the best inventory we receive from a variety of sellers.
7.7 PRICE ADJUSTMENT: We reserve the right to adjust the price of the item on the Service up to 15% above or below the Estimated Sale Value to facilitate a sale. You will be paid based on the Net Sale Value of the item, as stated in Section 8. If the item remains unsold after 2 calendar months, you may withdraw the item by notifying us in writing, and we will notify you before reducing the price of the item by up to 40% below the Estimated Sale Value.
7.8 CONSIGNMENT PERIOD: The period between the date of acceptance and 6 months thereafter is known as the "Consignment Period."
7.9 RETURN OF UNSOLD ITEM: You may request the return of your item by writing to us at contact@sonoluxe.co.uk during the Consignment Period, provided the item has not been sold. Once we receive your request, we will make commercially reasonable efforts to remove the item from the Service and contact you to arrange for the item to be delivered to you at your expense.
7.10 UNCLAIMED ITEM: If your item remains unsold after the Consignment Period expires, we will contact you in writing using the contact details you have provided. You are responsible for arranging for it to be delivered to you at your expense within 10 days of the end of the Consignment Period. If you fail to arrange for the return of your item, we may, at our discretion, apply further discounts to facilitate a sale or donate the item to charity.
8. PAYMENT
8.1 NET SALE VALUE: As used in these Terms, "Net Sale Value" means the total amount received from the sale of an item, less any applicable discounts, value-added tax (VAT), taxes, shipping expenses, and SONO LUXE's marketing and transaction fees. Please note that SONO LUXE is legally required to collect VAT from buyers of items on the Service.
8.2 COMMISSION: When your item sells on the Service, SONO LUXE is entitled to a commission, which will be subtracted from the Net Sale Value of the item.
8.3 COMMISSION RATE: The commission rate payable to SONO LUXE is set out in the commission structure available on our page sell to us. While we reserve the right to change the commission structure at any time, we guarantee to honour the commission rate advertised on our website when we accept your item.
8.4 PAYMENT: Once your item is sold, SONO LUXE will pay you the Net Sale Value (minus the commission charged by SONO LUXE) within seven (7) days of receiving your payment information. It is your sole responsibility to keep in touch with SONO LUXE for periodic updates on the status of any sales. Any questions should be directed solely via email to contact@sonoluxe.co.uk.
9. YOUR RIGHTS TO USE THE SERVICE
9.1 You must meet the eligibility requirements to use the Service, which includes being at least 18 years old and legally capable of entering into a binding agreement in your country of residence.
9.2 We, or our third-party licensors, own the materials and content available on the Service. However, we grant you the right to access, view, and use these materials and content solely for the purpose of using the Service as a seller, subject to these Seller Terms.
9.3 Your right to use the Service is exclusive to you and non-transferable. It does not restrict our ability to provide the Service to other individuals.
9.4 You are responsible for providing accurate, complete, and truthful information (e.g. Bank information）. Failure to do so may result in errors or communication issues, for which we cannot be held liable. Please ensure that emails from us are not blocked or filtered as spam by your email account provider.
9.5 You acknowledge that all confidential information, intellectual property rights, and copyrights of the Service are the exclusive property of us or our licensors.
9.6 Except as expressly provided in these Seller Terms, we do not grant you any other rights or licenses to use the Service. You only have the right to consign items to SONO LUXE in accordance with these Seller Terms.
10. TERMINATION
10.1 If you are unable to comply with these Seller Terms or any changes made to them or the Service, you must cease using the Service immediately and request the return of any items you have consigned to SONO LUXE.
10.2 We may terminate your use of the Service immediately if you violate any of the important rules or terms and conditions that we establish for accessing and using the Service, including these Seller Terms.
10.3 We reserve the right to withdraw the Service at any time, subject to reasonable notice to you.10.4 This Section 10 does not affect any legal rights that you may have under the laws of your country of residence
11.SECURITY
11.1 We understand the significance of safeguarding the confidentiality and security of your personal data. However, it is impossible for us to guarantee that unauthorized third parties will not be able to breach our security measures or misuse your personal data
12.LIMITATION OF LIABILITY
12.1 Our Service may be affected by third-party networks and connections, and we cannot be held responsible for any such disruptions that may occur.
12.2 We cannot guarantee that the Service will always be uninterrupted, secure, error-free, or meet your expectations. Any claims arising from the provision of the Service will not be our liability.
12.3 We do not commit to the performance or availability of the Service or the accuracy and suitability of its content.
12.4 We are not responsible for any loss or damage that may result from your failure to comply with these Seller Terms or that is not reasonably foreseeable. We also exclude any business losses, including loss of revenue, profits, reputation, or similar.
12.5 We exclude all implied warranties, conditions, or other terms by statute or common law, except for those implied by Section 12 of the Sale of Goods Act 1979.
12.6 Our liability (whether caused by our employees, agents, or otherwise) in connection with the Goods is limited. We will not be liable for any indirect, special, or consequential loss, damage, costs, or expenses; any loss of profits, anticipated profits, business, data, reputation, or goodwill; any business interruption, third-party claims, delays, or failures caused by you or beyond our reasonable control; or any loss related to your choice or use of the Goods.
12.7 Our liability is limited if there is any breach by you in relation to your obligations or if the delay or failure to perform our obligations is due to any cause beyond our reasonable control.
12.8 Our maximum liability to you for any claim under these Seller Terms shall not exceed the Estimated Sale Value of the item in question.
12.9 These Seller Terms do not affect your legal rights under the country of your residence, including our liability to you for any personal injury or death resulting from our negligence. Our liability under the Contract, breach of statutory duty, or in tort, misrepresentation or otherwise will be limited to this clause.
13. CHANGES TO SERVICE
13.1 We strive to continuously improve and update our Service to reflect the changing trends, technology, and usage habits of our users. This means that we may modify, reset, discontinue, or stop supporting certain aspects or features of the Service, with or without prior notice, and this may also include deleting or removing certain content or features that were previously available.
13.2 We reserve the right to revise these Seller Terms from time to time, and the latest version will always be available on our website. Although we will try to give advance notice of any changes, immediate changes may be necessary without notice. It is your responsibility to check these terms regularly before using the Service.
13.4 By continuing to use the Service, you agree to any changes we make to the Seller Terms. Failure to comply with the Seller Terms does not waive our rights to enforce them at a later time. These Seller Terms constitute the sole terms and conditions that govern our relationship with you, and any unenforceable provisions do not affect the remainder of the Seller Terms.
14. EXEMPITION FOR CIRCUMSTANCES BEYOND CONTROL
14.1 In the event that a party is unable to fulfil its obligations due to circumstances beyond their reasonable control, they shall not be held liable. These circumstances may include, but are not limited to, power outages, internet service provider outages, strikes, civil unrest, natural disasters such as fires, floods, or earthquakes, acts of terrorism or war, governmental actions, or any other event beyond the control of the party involved.
15. LAW
15.1 The laws of England and Wales shall govern and interpret this Agreement, and any disputes arising from this Agreement (including non-contractual disputes or claims) shall be exclusively subject to the jurisdiction of the courts of England and Wales.