Terms and conditions for the commission sale

In addition to the General Terms and Conditions of SACLÀB GmbH (‘General Terms & Conditions’), the following special terms and conditions (‘Terms & Conditions for the commission sale’) apply.

1. Contractual partner, formation of contract

The contract is concluded with Saclàb GmbH (afterwards referred to as ‘Consignor’).

The contract is formed by accepting the general Terms & Conditions of the consignment sale by the owner of the product (afterwards referred to as ‘Consignee’).

2. Subject of the commission sale

The Consignor and Consignee agree on a selling price of the good on commission, as well as on a payout price for the consignee good. The payout price depends on the applying commission rate based on the contractual selling price (s. 6.). For all items with a value up to € 1.000, a buyer’s premium of € 90 will be added to the final selling price. For all items with a value above € 1.000, a buyer’s premium of 9% of the contractual selling price will be added to the final selling price. The buyer’s premium will be excluded from the consignment agreement.

The Consignee guarantees that he/she is the rightful owner of the goods handed over to the Consignor.

3. Length of the Agreement

This agreement is valid until further notice, but it remains in effect for at least 30 days after the item is published. Each party has the right to terminate the agreement with a two weeks notice. Termination by the Consignee must be in written form and sent to [email protected].

During this period, the commissioned goods shall remain in the custody of the Consignor.

The Consignor must return all goods that are still in the possession of the Consignor to the Consignee once the agreement is terminated. The Consignor will ship back all goods to the address as provided by the Consignee at the Consignor’s charge. However, the Consignor will handle shipping only within the EU and only for items valued below €50.000. For all other items, it is the Consignee’s responsibility to arrange for the pick-up of the goods.

4. Storage and Insurance

The consigned goods remain with the Consignor until the items are sold or the agreement is terminated. The Consignor is liable for any damages, theft, pilferage and non-delivery and is required to have all goods insured.

The commission goods remain under the care of the Consignor at least for one month after the arrival and can then be reclaimed by the Consignee.

5. Shipping

The Consignor does not take any responsibility for parcels that are delivered to an access point, but only for those that are delivered via direct pick-up. Likewise, the Consignor does not take any responsibility for parcels that are shipped to the Consignor from Belgium or France. It is the responsibility of the Consignee to insure those parcels at his own cost if insurance is desired.

The Consignor does not take any responsibility for parcels that are not properly wrapped or sealed. Clients are also advised not to ship their bags in their original boxes, but in a cardboard package with the original packaging inside.

6. Product Authentication and Condition

All goods consigned for sale are verified for authenticity and condition by the Consignor before listing. If an item does not pass these quality inspections, the item will be returned to the Consignee. The Consignee will be informed in case their item has been rejected.

In case of suspicion regarding any stolen items, SACLÀB will reach out to the local authorities and retain the right to keep these items until a police inspection has been conducted.

7. Duties of the Consignor

The Consignor sells the goods through its company SACLÀB. The goods will only be handed over to any buyer if a full payment is completed.

The Consignor shall act in accordance with the instructions of the Consignee, who shall determine the price at which the commissioned goods are to be sold. This shall be done at the minimum price agreed upon, plus the buyer’s premium.

All claims arising from the execution transaction are hereby assigned to the Consignee. However, the Consignor may collect these claims himself. The Consignee may revoke the direct debit authorisation at any time.

The Consignor will keep the name and identity of the Consignee confidential and will not disclose it to the buyer unless the Consignee consents to such disclosure.

8. Commission

The Consignor receives a provision fee on the contractual selling price as a commission. The provision fee will be:

• 25% of the contractual selling price for a bag worth up to € 3.000.
• 20% of the contractual selling price for a bag worth € 3.001 – €15.000.
• 16% of the contractual selling price for a bag worth more than € 15.000.

Please note that a buyer’s premium of € 90 is added to the final selling price for all items with a value up to € 1.000. For all items with a value above € 1.000, a buyer’s premium of 9% of the contractual selling price is added to the final selling price. This buyer’s premium is not part of the consignment agreement.

With the commission, as well as the buyer’s premium, all costs and expenses of the Consignor are settled.

The commission is not staggered.

There is no entitlement to commission if the transaction is not executed unless it is due to a reason attributable to the Consignee. The commission is not payable if the buyer exercises his/her right of revocation or return.

The Consignor will pay the proceeds of the sale of the commissioned goods to the Consignee within 10 working days after the expiry of the buyer’s right of withdrawal, deducting the commission, as well as the shipping costs excluded from the contract. The payment will be made to the bank account as named by the Committent.

9. Reduction of prices by Consignee

The Consignee may at any time reduce the price of their item on the website via their account. The payout price and commission rate will be adapted as listed above. These prices will be reflected in the client’s account.

10. Liability

The Consignor shall be liable for intent and gross negligence.

The provisions of the law on the sale of goods shall apply mutatis mutandis to material defects and defects of title as long as the goods are stored with the Consignor or transported to/from the Consignor.

11. Freedom from Third-Party Claims

The Consignee warrants that all materials, works, or deliverables provided under this Agreement are original and do not infringe upon any intellectual property rights of third parties. The Consignee further warrants that it has obtained all necessary rights, licenses, consents, and permissions for the use of any third-party materials incorporated into the deliverables and that such use is free of any liens, claims, encumbrances, or legal disputes.

12. Indemnification

The Consignee agrees to indemnify, defend, and hold the harmless Consignor from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from any third-party claims of infringement, misappropriation, or violation of intellectual property rights related to the materials or deliverables provided under this Agreement.

13. DAC7 Implementation Act

As by law, the Consignee must report all data as required by the DAC7 IMPLEMENTATION ACT. If the data is not issued, SACLÀB reserves the right to either decline a bag submission or delay due payments until the data is provided.

The following data needs to be provided by the Consignee:

For private sellers:

1. Name/Surname
2. Address of the main residence
3. Birth date
4. Country of residence
5. Tax ID of the country of residency
6. Bank account information

For commercial sellers:

1. Company name
2. Address of the registered office
3. VAT registration number
4. Tax residence
5. Bank account information

14. Sale via other platforms

The Consignor retains the right to sell any items with partnering platforms for all items that are published on SACLÀB.com for over six months, yet not sold.

Although published on partnering platforms, all goods will remain in the custody of the Consignor until their final sale.

15. Other provisions

The Seller Terms & Conditions constitute the entire agreement of the parties.

Amendments or supplements to the Terms & Conditions for the commission sale are only effective if they are agreed upon in writing. This also applies to an amendment of this written form clause. Notwithstanding this, informal amendments or additions to the Terms & Conditions for the commission sale are also effective if they are individual agreements within the meaning of § 305b BGB. To facilitate proof, these individual agreements shall, in principle, be subsequently recorded in writing.

16. Place of Performance / Jurisdiction

Munich shall be the place of jurisdiction and performance for both parties’ mutual rights and obligations as listed in the Terms & Conditions for the commission sale.