Terms and Conditions
We have one of the fastest turnaround rates in the industry for selling preloved luxury items. Our commission structure is competitive (most consignment stores charge 50% across all price brackets) and reflects the amount of work we put into selling each and every item regardless of price.
Up to £1,250
£1,250 - £2,400
Hermes Birkin or Kelly Bags
Item Sale price minus £1,850-4000
£1,850 - £4000 Flat
Terms and Conditions
SELLIER KNIGHTSBRIDGE – SELLER TERMS AND CONDITIONS
Version last updated: 26 July 2022
1.1. Sellier Ltd. is a company registered in England and Wales (company number 11877014) with its registered address at 6 Cheval Place, London, England, SW7 1ES ("Sellier," "we," "our," or "us").
1.2. Sellier operates a consignment marketplace for the marketing and sale of luxury designer items where Sellier, acting as an intermediary between sellers and buyers, facilitates the quality control, authentication, sale and delivery of such items (the "Service").
2. Your relationship with us
2.1 These terms and conditions and any documents referred to within them (collectively, the "Seller Terms") set out the terms of your relationship with us when you access and use the Service as a seller. It is important that you read and understand the Seller Terms before using the Service. If you do not agree to these Seller Terms, you cannot use the Service.
2.1 You may only use the Service if you are a consumer. If you are a trader, professional or other corporate entity you may not use the Service.
3. Information about you
4. Consigning your item(s) to Sellier and acceptance process
4.1 In order to consign your item(s) on the Service, you must complete the questionnaire we provide and provide any other information regarding your item(s) that we request.
4.2 You must provide at least three good quality photographs of each item to Sellier. Photographs must reflect the actual quality and external appearance of the item, as well as the presence of any faults. The use of stock photography is not permitted.
4.3 Once you submit a description and photograph(s) of your item to us, we will assess the item to determine whether it is suitable for sale on the Service and its sale value. We will tell you in writing whether we accept or reject the item and, if accepted, our valuation of the item. The valuation that we agree with you will be the "Estimated Sale Value".
4.4 We may accept or reject items at our discretion but factors that we will consider when determining whether to accept an item include:
a. whether the item complies with the condition and cleanliness requirements in this section 4 and the warranties and representations you give in section 5 below; and
b. whether we are accepting the relevant brand or category of item at the time. We may change our accepted brands or categories of item at any time in our discretion.
4.5 Once we agree an Estimated Sale Value with you, it is your responsibility to promptly organise and pay for the secure delivery of the item to us (see section 7 below for further details).
4.6 We do not accept damaged items. Where 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 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 up to £25 for the cost of repairing the item before we market the item on the Service.
4.8 Repair costs will either be deducted from your pay-out 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 All items consigned to us must be in freshly cleaned and marketable condition (as determined by us in our discretion). Any and all original packaging and receipts must also be provided with the consigned items. If, in our reasonable opinion, a consigned item does not meet the required level of cleanliness, we reserve the right to send the item for professional dry cleaning. Any such dry cleaning will be charged to you at a rate of £15 per item. Once we have possession of an item, we reserve the right to have the item 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 pay-out. If your item does not sell, you must pay us for dry cleaning costs before collecting or organising delivery of your item.
4.10 If we decide to reject an item after we have previously accepted and taken physical possession of the item from you, we will either:
(a) return the item to you at our expense; or
(b) contact you to arrange for you to collect the item from us.
5. Your rights to consign and sell the item(s)
5.1 By consigning any item to Sellier, you warrant and represent that:
(a) the item complies with any description (including photographs) you provide to Sellier;
(b) you are the owner of the item and you have the right to consign and sell the item;
(c) your consignment and/or sale of the item on the Service will not violate the rights (including intellectual property rights) of any third party; and
(d) the item complies with all applicable laws and regulations and is authentic (i.e. it is not counterfeit, fake, stolen, unapproved or offered for sale and/or consignment in violation of a third party's rights or in an unauthorised territory).
6.1 In this section, an item is "Inauthentic" if it has any 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 unauthorised territory.
6.2. Sellier 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 You are responsible for ensuring the authenticity of all items you wish to consign to us and sell on the Service and 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 If we or our third party authenticators: (i) determine that an item may be Inauthentic, (ii)cannot confirm the authenticity of the item, or (iii) conclude that the item is Inauthentic, we will notify you. If we need further evidence to be able 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 (including where you have failed to provide satisfactory evidence), we may make a final determination that the item is Inauthentic and may, in our sole discretion:
(a) destroy or return the relevant 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. Sellier will fully cooperate with brands and law enforcement authorities to help identify and track the source of Inauthentic items and we may reveal your contact details to brands and/or law enforcement authorities if you seek to consign any Inauthentic items.
6.6 We authenticate all Hermes bags with a third party authenticator. If you wish to consign a Hermes bag and it does not come with the original receipt, you will be responsible for paying the £120 cost of authentication (even where 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 of sale, delivery and return
7.1. If you choose to sell an item using the Service, you will remain the legal owner of the item unless and until the item is sold to a buyer. You do not grant and Sellier does not obtain any rights of ownership or title to your item, even after you deliver the item to us.
7.2 You are responsible for all risk of loss and damage to your item until the point that we confirm that we have taken physical possession of it. If your item is lost or damaged in transit to Sellier, you may be entitled to compensation under the terms of your agreement with the relevant third party shipping provider.
7.3 We accept the risk of loss or damage to your item if your item is damaged, lost or stolen whilst it is in our physical possession and we have confirmed our receipt of the item in writing. In such circumstances, we may (in our discretion) (i) repair the defective item; or (ii) compensate you for the loss or damage incurred, up to a maximum value of the pay-out that you would have received if item had sold on the Service for the Estimated Sale Value.
7.4 To the extent permitted by law, the remedy set out in section 7.3 above will be your sole and exclusive remedy against us if your item is lost, stolen or damaged whilst it is in our physical possession and we have accepted the item for consignment.
7.5 At our discretion, your consigned item may be marketed for sale on our website and/or our social media channels. We reserve our social media channels for the best stock we receive from a range of sellers. We do not guarantee that your item will be marketed for sale in a particular way, but we will make commercially reasonably efforts to sell your item.
7.6 For items with an Estimated Sale Value of less than £2,500:
(a) we reserve the right to amend the price of the item on the Service by 15% above or below the Estimated Sale Value at any time if we feel that this will help achieve a sale. You will be paid based on the actual Net Sale Value of the item in accordance with section 8 below; and
(b) after an item has been listed for sale on the Service for 2 calendar months and has not sold (whether or not discounted in accordance with section 7.6(a) above), you may withdraw the item from the Service by giving us written notice. You may then collect your item from Sellier. If you do not inform us that you wish to withdraw your item, we reserve the right to reduce the price of the item by up to 40% below the Estimated Sale Value. We will notify you before doing so.
7.7 For items with an Estimated Sale Value of £2,500 or more, unless we have agreed otherwise with you in writing, we reserve the right to amend the price of the item on the Service by 40% above or below the Estimated Sale Value at any time if we feel that this will help achieve a sale.
7.8 The period commencing on the date we accept our item and ending on the date 6 months after acceptance is the "Consignment Period".
7.9 You may request the return of your item by writing to us at email@example.com at any time during the Consignment Period (as long as the relevant item has not been sold). Once we receive a return request, we will use commercially reasonable efforts to remove the item from the Service and contact you to arrange your collection of the item from us or delivery of the item to you (which shall be at your expense and shall be payable before delivery).
7.10 If your accepted item remains unsold after the Consignment Period has expired, we will notify you in writing using the contact details you have provided. You are responsible for collecting it from us or arranging delivery of the item back to you (at your expense). If you do not collect or arrange the return of your item within 10 days of the end of the Consignment Period, you agree that we, in our discretion, may apply further discounts to achieve a sale or donate the item to charity.
8. Commission and payment
8.1 In these Seller Terms, "Net Sale Value" means the total sale price of an item less any discount, VAT and other applicable taxes, shipping costs and Sellier's marketing and transaction fees. Sellier is legally required to apply and collect VAT from buyers of items on the Service.
8.2 If your item sells on the Service, Sellier will be entitled to a commission which will be deducted from the Net Sale Value of the item.
8.3 The level of commission payable to Sellier is set out in the commission structure made available on our website from time to time. We reserve the right to change the commission structure at any time, but we will honour the level of commission advertised on our website at the time your item is accepted.
8.4 Following the sale of your item, you will be paid the Net Sale Value (less Sellier's commission) within seven (7) days of providing your payment details to Sellier. It is your sole responsibility to contact Sellier for periodic updates as to the status of any sales. All enquiries should be made exclusively via email to firstname.lastname@example.org.
9. Your rights to use the Service
9.1 You must be at least 18 years old and capable in your country of residence of entering into a legally binding agreement in order to use the Service.
9.2 The materials and content comprising the Service belong to us or our third party licensors, and we hereby give you permission to access, view and use these materials and content for the sole purpose of using the Service as a seller in accordance with these Seller Terms.
9.3 Your right to use the Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Service does not stop us from giving other people the right to use the Service.
9.4 All information you provide to us must be accurate, true and complete to the best of your knowledge. We will not be responsible for communication errors, misapplied payments or similar should the information you provide be inaccurate or incomplete. You are responsible for ensuring that emails from us are not blocked or filtered as spam by your email account provider.
9.5 You agree that all confidential information, copyright and other intellectual property rights in the Service belong to us or the people who have licensed those rights to us.
9.6 Other than as set out in these Seller Terms, we do not give you any other rights in the Service. You agree that you have no rights in or to any portion of the Service other than the right to consign items to Sellier in accordance with these Seller Terms.
10. Ending our relationship
10.1 If at any time you do not feel that you can agree to these Seller Terms or any changes made to the Seller Terms or the Service, you must immediately stop using the Service and request to collect or have returned to you any items that you have consigned to Sellier.
10.2 We may immediately end your use of the Service if you break any important rule(s) or terms and conditions we set for accessing and using the Service including these Seller Terms.
10.3 We may also withdraw the Service at any time provided we give you reasonable notice that we plan to do this.
10.4 Nothing in this section 10 affects any legal rights you may have under the law of the country in which you are resident.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes.
12. Our responsibility to you
12.1 Certain features of the Service may rely on networks and connections that are beyond our control. As we do not own or operate such third-party networks, we cannot be responsible for them in any way.
12.2 We shall not be responsible to you for any claims arising out of the provision of the Service. The Service, and all content on the Service is provided on an "as available" and "as is" basis. This means that:
(a) we are unable to promise that your use of the Service will be uninterrupted, secure, without delays, error-free or meet your expectations;
(b) we do not promise that any defects or errors will be corrected, or that the Service (or any content available to view or download on the Service) is free of viruses or other harmful components; and
(c) information about our products and services that is made available through the Service may change as we continue to develop these products and services.
12.3 In these Seller Terms, we do not give any commitment relating to the performance or availability of the Service, or the suitability or accuracy of the content made available through the Service.
12.4. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable, or that is caused by a failure by you to comply with these Seller Terms. Neither will we be responsible for any business losses. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to these Seller Terms, both we and you knew it might happen. Business losses include, for example, loss of profits, revenue, reputation or similar.
12.5 To the extent permitted by applicable law, our maximum liability to you under these Seller Terms for any claim will not exceed the Estimated Sale Value of the item in respect of which the claim arises.
12.6 Nothing in these Seller Terms affects your rights under the applicable law of the country in which you are a resident, including our responsibility to you for any personal injury or death caused by our negligence.
13. Resolving disputes
13.1 If you have a dispute with us relating to the Service, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally.
13.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you on the most effective way of resolving our dispute.
13.3 If you are in the European Economic Area, you may (but are not obliged to) seek resolution of any dispute with us through consumer mediation services. You can do this through the European Online Dispute Resolution (ODR) platform, available at this link: https://ec.europa.eu/consumers/odr/.
13.4 Nothing in this section 13 affects any legal rights you may have under the law of the country in which you are resident.
14. Changes to the Service
14.1 We are constantly updating and improving the Service as our products and services develop. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Service.
14.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("changes to the Service"). These changes to the Service, which may occur with or without prior notice, may affect certain features and content available through the Service, including deleting and/or removing such content and features.
15. Changes to the documents
15.1 We may revise these Seller Terms from time to time but the most current version will always be at www.sellierknightsbridge.com/pages/terms-and-conditions. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
15.2 Every time you wish to use the Service, please check these terms to ensure you understand the terms that apply at that time.
15.3 Your continued of use the Service after we make any changes to these Seller Terms will indicate that you have agreed to those changes. If you do not agree to any of the changes to these Seller Terms you should not use or access (or continue to use or access) the Service.
16. Documents that apply to our relationship with you
16.1 The then-current version of the Seller Terms contains the only terms and conditions that apply to our relationship with you at any time.
16.2 We intend to rely on these Seller Terms as setting out the written terms of our agreement with you for the provision of the Service. If part of the Seller Terms cannot be enforced then the remainder of the Seller Terms will still apply to our relationship.
16.3 If you do not comply with these Seller Terms and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
17.1 These Seller Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.
17.2 This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the Service heard in the courts of that country. If you are in Scotland or Northern Ireland, this means that you can also have your dispute heard in the Scottish or Northern Irish courts.
18. Contact, feedback and complaints
18.1 If you need to contact us in relation to these Seller Terms or any other document mentioned in them, please email us at firstname.lastname@example.org.
18.2 We value hearing from our users, and we are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.