Terms & Conditions for consigners

If you’re looking for the terms & conditions for buyers, please click here.

 

If you consign with Luxeparel you automatically agree on our terms and conditions for consigners.

 

Luxeparel, represented by Ellen Ryckx (managing director), hereinafter referred to as: “Luxeparel” or “the consignee”.

Pulse Collective BV (BE1005.386.192) trading as Luxeparel

Mechelsesteenweg 26, 2018 Antwerpen, Belgium

E-mail: consignment@luxeparel.com

1. SUBJECT OF THE AGREEMENT

1.1 Consignment principle

The consigner transfers items to Luxeparel on a consignment basis for the purpose of sale in the physical store, through the webshop, and through external sales platforms such as Vinted, Vestiaire Collective, and similar marketplaces.The consigner remains the owner of the items until the moment of sale to a third party.

1.2 Types of items

Luxeparel exclusively accepts high-quality designer fashion items, including clothing, shoes, bags, and accessories such as scarves, belts, and jewelry.

1.3 Quality requirements

Luxeparel only accepts items that meet the following minimum quality standards:

  • For bags, items must be in good condition with light signs of wear being acceptable.
  • For all other items, items must be in very good condition with minimal signs of wear.

All items must be clean, free from damage, free from stains, and fully functional. Luxeparel reserves the right to refuse items that do not meet these criteria.

2. AUTHENTICATION

2.1 Authentication requirement

For certain luxury items, particularly bags from brands such as Hermès, Chanel, Louis Vuitton, Dior, and similar, Luxeparel may require an authentication check via Entrupy.

2.2 Authentication costs

The costs of Entrupy authentication are fully borne by the consigner. The consigner pays the amount of the Entrupy credit in advance to Luxeparel, after which the authentication is performed.

2.3 Negative authentication result

If an item is assessed as not authentic by Entrupy, the item will not be accepted on consignment and will be immediately returned to the consigner. The paid Entrupy credit will not be refunded to the consigner as Luxeparel has used the credit. The consigner bears full responsibility for offering a non-authentic item.

3. INTAKE AND REGISTRATION

3.1 Intake process

During the intake of items, Luxeparel inspects each item for condition, quality, and authenticity. Accepted items are photographed and registered in the Circle Hand consignment system. The consigner receives an intake confirmation via Circle Hand containing a list of accepted items, description per item, estimated selling price as outlined in Article 4, and applicable commission structure.

3.2 Intake periods

For clothing and shoes (seasonal items):

  • Spring and summer collection intake takes place between February 1st and April 30th.
  • Fall and winter collection intake takes place between August 1st and October 31st.

For bags and accessories (non-seasonal items): Intake is possible throughout the entire year.

3.3 Retention of ownership

The consigner remains the owner of the items at all times until the moment they are effectively sold to an end customer.

4. PRICE DETERMINATION

4.1 Selling price

The selling price of each item is determined by mutual agreement between the consigner and Luxeparel, taking into account the brand and model, condition of the item, market value and demand, as well as season and trends. Both parties must agree on the established selling price.

4.2 Estimated retail price

For certain items such as bags and accessories, Luxeparel mentions the estimated retail price (original new price) on the website as a reference for buyers.

5. SALES PERIOD AND PRICE ADJUSTMENTS

5.1 Sales period for clothing and shoes

Items accepted during the intake periods remain for sale until the end of the sales period of the relevant season. Spring and summer collection items (intake February to April) are available for sale until the end of July after summer sales. Fall and winter collection items (intake August to October) are available for sale until the end of January after winter sales.

5.2 Sales period for bags and accessories

Bags and accessories remain for sale for 6 months from the date of intake, unless sold earlier.

5.3 Price reduction after 2 months

After 2 months of exposure in the store and webshop, Luxeparel has the right to propose a price reduction of 30% to 50% on the original selling price. Procedure: Luxeparel contacts the consigner via email at consignment@luxeparel.com with the price reduction proposal. The consigner has 7 days to respond. If the consigner agrees, the item remains in the store at the reduced price until the end of the sales period. If the consigner does not agree, the item must be collected within 2 weeks by the consigner as outlined in Article 6.3.

5.4 Further price adjustments

Further price reductions during sales periods or due to market conditions only occur by mutual agreement between Luxeparel and the consigner.

6. RETURN OF UNSOLD ITEMS

6.1 End of sales period

After the sales period ends as defined in Articles 5.1 and 5.2, Luxeparel contacts the consigner via email at consignment@luxeparel.com to arrange an appointment for collecting unsold items. After the sales period ends, Luxeparel contacts the consigner via automated email from the Circle Hand system to consignment@luxeparel.com to arrange collection of unsold items.

6.2 Collection obligation

The consigner has 2 weeks from the date of contact by Luxeparel to collect unsold items at the store located at Mechelsesteenweg 26, 2018 Antwerp during opening hours. Opening Hours: Tuesday through Friday from 11:00 to 18:00, Saturday from 10:00 to 18:00, and the first Sunday of the month from 12:00 to 17:00.

6.3 Uncollected items

If the consigner does not collect the items within the 2-week period, Luxeparel sends a reminder via email with an additional deadline of 1 week. After this additional week passes without response, the items are considered abandoned by the consigner. Luxeparel donates these items to a charity of its choice, and the consigner can no longer claim the items or any compensation.

7. COMMISSION STRUCTURE

7.1 Commission distribution upon sale

Upon sale of an item, the consigner receives a percentage of the effective selling price including any discounts according to the following scale:

  • For items sold under €300, the consigner receives 55% and Luxeparel receives 45%.
  • For items sold between €300 and €2,000, the consigner receives 60% and Luxeparel receives 40%.
  • For items sold between €2,000 and €3,000, the consigner receives 70% and Luxeparel receives 30%.
  • For items sold above €3,000, the consigner receives 75% and Luxeparel receives 25%.

Example: A bag sells for €1,500. The consigner receives €1,500 x 60% = €900. Luxeparel receives €1,500 x 40% = €600.

7.2 Applicable selling price

The commission is calculated based on the effective selling price, meaning after any discounts have been applied.

Example: Original price is €1,000 with a 60% commission rate. Selling price after 30% discount is €700. The consigner receives €700 x 60% = €420.

7.3 Sale via external platforms

Items sold via external platforms such as Vinted, Vestiaire Collective, and similar follow the same commission structure as stated in Article 7.1. Any fees charged by these platforms to Luxeparel are borne by Luxeparel and not charged to the consigner.

8. PAYMENT

8.1 Payment frequency

Luxeparel pays the consigner monthly for all items sold in the previous month, taking into account the legal 14-day return period for customers. Payment Date: The first business day of the month for sales from the previous month that have passed the 14-day return period.

Example: An item sold on February 5th has a return deadline until February 19th. This sale will be paid out on March 1st (or the first business day). An item sold on February 20th has a return deadline until March 6th. This sale will be paid out on April 1st (or the first business day).

8.2 Payment method

Payment is made exclusively via bank transfer to the bank account (IBAN) provided by the consigner at intake. Cash payments are not possible.

8.3 Settlement when collecting unsold items

If the consigner collects unsold items before the regular payment date, already sold items are not paid out early but follow the normal monthly payment cycle as outlined in Article 8.1.

8.4 Payment statement

With each payment, the consigner receives a detailed overview via Circle Hand containing sold items with descriptions, selling price per item, applicable commission percentage, consigner amount per item, and total payment amount.

9. LIABILITY AND INSURANCE

9.1 Duty of care

Luxeparel commits to storing and handling the items with the necessary care, as a diligent merchant would.

9.2 Insurance

Luxeparel has professional liability insurance with KBC Insurance.

9.3 Liability in case of theft

  • Theft by break-in: In case of theft by break-in (burglary, forced entry, outside opening hours), this is considered force majeure. Luxeparel will compensate the consigner with 50% of the commission that would have been due based on the agreed selling price. The consigner bears the remaining 50% of the risk. Example: A bag with an agreed selling price of €1,000 and a 60% commission rate (€600 for consigner) is stolen during a break-in. Luxeparel compensates the consigner with 50% x €600 = €300.
  • Theft by shoplifting: In case of theft during opening hours (shoplifting), this is considered an inherent risk of consignment. Luxeparel takes all reasonable security measures including cameras, attentive staff, and theft prevention protocols. Luxeparel will compensate the consigner with 50% of the commission that would have been due based on the agreed selling price. The consigner bears the remaining 50% of the risk.

9.4 Liability for damage caused by Luxeparel or staff

In case of damage to items caused by Luxeparel or its staff through negligence or improper handling, Luxeparel is fully liable and compensates the consigner for 100% of the agreed selling price.

9.5 Liability in case of force majeure

In case of damage or loss due to force majeure including fire, flooding, natural disasters, riots, war, and similar events, Luxeparel is not liable and offers no compensation.

9.6 Normal wear and tear

Normal wear and tear from hanging in the store including slight discoloration, dust, or minimal stretching in clothing does not fall under the liability of Luxeparel.

9.7 Burden of proof

In case of dispute regarding the cause of damage or loss, the burden of proof rests with the party claiming liability.

10. RIGHTS AND OBLIGATIONS

10.1 Rights of Luxeparel

Luxeparel has the right to photograph items and use these photos for marketing, website, social media, and advertising purposes, even after sale or return of the item. Luxeparel may sell items through the physical store, webshop, and external sales platforms such as Vinted, Vestiaire Collective, and similar. Luxeparel may refuse items that do not meet quality standards, style and present items at its own discretion, and propose price reductions after 2 months as outlined in Article 5.3.

10.2 Obligations of Luxeparel

Luxeparel commits to handling items with care and presenting them professionally, respecting the agreed selling price unless a price reduction is mutually agreed upon, paying out timely and correctly as outlined in Article 8, and contacting the consigner regarding price reductions, end of sales period, or other important changes via email at consignment@luxeparel.com.

10.3 Guarantees from consigner

The consigner guarantees that they are the rightful owner of the items, the items are authentic and not counterfeit or replicas, the items are free from seizure, liens, or other third-party rights, and the items meet the quality requirements of Luxeparel.

10.4 Liability of consigner

If it appears that a sold item is not authentic or if a third party claims rights to an item, the consigner is fully liable towards Luxeparel and the end customer. The consigner compensates all damage, costs, and losses that Luxeparel suffers as a result. Luxeparel has the right to reclaim already paid amounts from the consigner.

11. CONFIDENTIALITY AND DATA PROTECTION

11.1 Processing of personal data

Luxeparel processes the personal data of the consigner including name, address, email, phone number, and bank account number in accordance with the General Data Protection Regulation (GDPR). Purposes: management of the consignment agreement, communication about items and sales, payment of commissions, and compliance with accounting and tax obligations.

11.2 Retention period

Personal data is retained during the duration of the cooperation plus 7 years after termination in accordance with tax retention obligations.

11.3 Rights of the consigner

The consigner has the right at any time to request access to their personal data, request correction of incorrect data, and request deletion after the retention period expires. Requests can be directed to: consignment@luxeparel.com.

11.4 Confidentiality of financial information

Luxeparel treats all financial information including selling prices, commissions, and payments of the consigner as strictly confidential and does not share this with third parties unless legally required.

12. DURATION AND TERMINATION

12.1 Duration per item

This agreement applies per item for the duration of the sales period as defined in Article 5, unless the item is sold earlier or collected by the consigner.

12.2 Early collection by consigner

The consigner can collect items early before the end of the sales period by submitting a written request via email to consignment@luxeparel.com and collecting items within 2 weeks after approval by Luxeparel. Already sold items are paid out according to the normal cycle as outlined in Article 8.1.

12.3 Early return by Luxeparel

Luxeparel can return items early to the consigner if the condition of the item deteriorates including stains or damage, the item is repeatedly returned by buyers, or there are other valid reasons. The consigner is notified in writing via email and has 2 weeks to collect the items.

12.4 Termination of cooperation relationship

Both parties can terminate the general cooperation relationship at any time by providing written notice via email to consignment@luxeparel.com. Upon termination, items already on consignment remain subject to this agreement until the end of the sales period. Already sold items are paid out normally. Unsold items are returned to the consigner.

12.5 Minimum consignment period

All items accepted on consignment must remain with Luxeparel for a minimum period of 2 months from the date of intake. If the consigner wishes to collect items before the end of this minimum period, an early collection fee of €50 per item will be charged. This fee compensates for the administrative costs, photography, cataloging, and marketing efforts already invested in the items.

13. DISPUTES AND APPLICABLE LAW

13.1 Applicable law

This agreement is governed by Belgian law.

13.2 Competent court

In case of disputes, the courts of the judicial district of Antwerp, Antwerp division have exclusive jurisdiction.

13.3 Amicable settlement

The parties commit to first seeking an amicable settlement in case of disputes before undertaking legal action.

14. FINAL PROVISIONS

14.1 Amendments

Amendments to this agreement are only valid if agreed upon in writing by both parties via email to consignment@luxeparel.com.

14.2 Invalidity of a provision

If one or more provisions of this agreement prove to be invalid or unenforceable, the remaining provisions remain fully in effect. The invalid provision is replaced by a valid provision that approximates as closely as possible the intention of the original provision.

14.3 Joint and several liability

If the consigner consists of multiple persons, they are jointly and severally liable for the obligations under this agreement.

Terms & conditions for buyers:

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