T&C's for sellers
Special Terms and Conditions for the use of the services of the Luxury Affair Roth – For Sellers of second-hand items
Luxury Affair Roth, hereafter known as: 'LUXURY AFFAIR'
These Seller Terms govern the particulars of commissioning LUXURY AFFAIR in conjunction with offering, marketing and selling second hand designer fashion. In the event of any conflicts between the Terms and these Seller Terms, the latter take precedence. Deviating and/or additional other special terms and conditions can apply to possible special offers/promotions as well as other access options (e.g. via applications) initiated or supported by LUXURY AFFAIR.
1. Type of seller
Insofar as a seller is referred to in the following, this concerns a user, who authorises LUXURY AFFAIR to offer, market and sell the intended sales item. LUXURY AFFAIR offers its services to both commercial and private sellers.
Upon creating a user account, the user must disclose information in accordance with the facts regarding whether he or she is operating as a commercial seller, i.e. as an entrepreneur or as a private seller. At the same time, this business status can also be solely based on the frequency of sales, without the need of further requirements. The user assumes liability for the legal classification and the resulting legal consequences.
Insofar as the user has indicated that he or she is acting as a commercial seller, LUXURY AFFAIR will, as the seller’s representative, grant the respective buyer a statutory right of cancellation in the name of the user. The user acting as a seller hereby authorises LUXURY AFFAIR accordingly. Furthermore, private buyers are entitled to warranty claims according to the statutory provisions against sellers operating in a commercial capacity. The buyer’s cancellation and warranty rights are solely against the seller.
2. General provisions
By means of the sales order, the seller authorises LUXURY AFFAIR to find potential buyers for the respective sales item and to sell it on behalf of the seller and in compliance with these Seller Terms and the Terms. The sale will be conducted primarily via the LUXURY AFFAIR website but may also involve offline shops, pop-up locations as well as other online marketplaces. At the same time, a sales contract concluded between the seller and buyer on the basis of the sales order must comply with the requirements resulting from the Seller Terms and the Terms.
Only original merchandise is permitted to be sold as sales items via the LUXURY AFFAIR website. Said sales items must be products in the area of garments, shoes, bags, accessories or jewellery. The respective sales item must be unsoiled and have been cleaned as well as be in mint, very good or good condition. Sale items with severe traces of use, stains, holes, odours or other damage are not permitted as sales items.
The seller ensures (subject to sentence 2) that all sales items he or she offers for sale and to be sold by LUXURY AFFAIR are his or her sole property as well as free of third-party rights, do not represent fakes (“knock-offs”) or other infringing merchandise and correspond to the sales item information he or she provided. The listing of sales items as a commission agent for a third party is only permitted if the seller ensures that the third party is the owner, the third party explicitly agreed to the sale via LUXURY AFFAIR and the seller was authorised by the third party to transfer the sales item to the buyer.
If the seller has placed a sales contract with LUXURY AFFAIR, the seller will not simultaneously offer the respectively listed sales item outside the sales offers initiated by LUXURY AFFAIR on his or her own or through a third party.
The seller must access his or her user account on a regular basis and answer any questions or messages from LUXURY AFFAIR.
For each sales order, the seller is responsible for the accuracy of all sales item information to be made, the description, the size/dimensions as well as the production of detailed photographs and retains the ownership of the sales item (provided that the seller is not permissibly acting on behalf of a third party, who/which is the owner) until said sales item was sold via LUXURY AFFAIR and transferred to the buyer.
LUXURY AFFAIR, as the seller’s representative, determines the sales price at its own discretion taking the market situation into account and at the same time, LUXURY AFFAIR will attempt to achieve the best possible sales price and to achieve a fast sale. However, the seller can indicate his or her asking price in the applicable sales form. LUXURY AFFAIR is obligated not to reduce the sales price by more than 10% of the seller’s asking price when determining the sales price without having consulted with the seller beforehand.
However, LUXURY AFFAIR has the right not to list or depict sales items on the LUXURY AFFAIR website or via other sales channels for which it deems the asking price significantly overpriced and to reject the seller’s order to sell the sales item or to mutually determine a new sales price with the seller. In the latter case, LUXURY AFFAIR will contact the seller by email, to agree on and determine a new price if necessary. If the seller does not react to this price agreement within ten days, LUXURY AFFAIR reserves the right to offer the item for sale after the expiry of the aforementioned period with the price proposed by LUXURY AFFAIR.
The seller must immediately inform LUXURY AFFAIR via E-mail at email@example.com of all changes regarding the sales item; in particular, this applies to changes in its condition or properties and in the event that the sales item has been lost or third party rights to the item for sale have been established or claimed. If the seller informs LUXURY AFFAIR of such changes, LUXURY AFFAIR has the right not to proceed in carrying out the seller’s sales order and is also entitled to remove the respective sales item from the presentation on the website.
LUXURY AFFAIR is not liable for unsolicited sales items or other merchandise it receives and can refuse to accept such sales items or merchandise or return them to the sender freight collect. Explicitly note section 9.7 of the Terms.
When the seller sends a sales item to LUXURY AFFAIR, the seller bears the risk of loss, damage or other detriment of said sales item until the sales item is received by LUXURY AFFAIR; – this is regardless of whether or not LUXURY AFFAIR sends or forwards the seller a delivery note, an address label or other useful objects for the shipment and/or procures shipping insurance or not.
4. Sales method
Furthermore, the seller can use the available sales form, to commission LUXURY AFFAIR. For this purpose, the seller sends all relevant information regarding the sales item via E-mail to LUXURY AFFAIR. The seller has the possibility to enter a desired price himself. For the time being, the sales item remains in the seller’s possession. The marketing of the sales item and the presentation, in particular on the LUXURY AFFAIR website, are based on the information in the sales form. The seller does not send the sales item to LUXURY AFFAIR until an offer to buy has been submitted.
Sending the sales form to LUXURY AFFAIR is deemed to be a binding sales order from the seller to LUXURY AFFAIR, which LUXURY AFFAIR accepts by means of a confirmation email and by activating the sales item on the LUXURY AFFAIR website. LUXURY AFFAIR reserves the right to refuse, terminate or cancel the sales item and the sales order associated with it at any time and without stating reasons. In the event of a refusal/termination/cancellation of a sales order, LUXURY AFFAIR will inform the seller thereof via email.
The seller must do the description of the sales item referring the sales form by him- or herself and according to the facts and upload two to four photographs, at most, of the sales item (“product photographs”). LUXURY AFFAIR can - but is not obligated to - edit the sales item information and the product photographs in an editorial or artistic manner if necessary, in particular, to induce the best possible presentation of the sales item and in doing so, increase the chances of sale. LUXURY AFFAIR can also request new photographs from the seller in the case of insufficient image quality. In this case, the seller is obligated to immediately provide LUXURY AFFAIR with new photographs.
The seller assigns the rights of use for the product photographs and texts provided by the seller to LUXURY AFFAIR. LUXURY AFFAIR will use these product images and texts for promotional purposes for the sales items. In addition, product images and texts of buyers can be used by LUXURY AFFAIR in the event of reselling, defined in User Terms 4.4 and 4.5.
The seller ensures that he or she has the rights required to fulfil this contract regarding all texts and product photographs made available to LUXURY AFFAIR. LUXURY AFFAIR has the right to edit all the seller’s texts and product photographs prior to including them in its product range. The seller’s uploaded photographs of the sales item must depict the current condition of the sales item and may not mislead potential buyers in regard to the properties, condition or shortcomings of the merchandise. Furthermore, the photographs of the sales item may only show the sale item itself and in particular, may not include any persons.
LUXURY AFFAIR will then present the sales item for the purpose of sale using the sales item information and product photographs, in particular on the LUXURY AFFAIR website, and make it publicly accessible, in particular for offers from buyers. LUXURY AFFAIR is entitled to keep the sales item on the LUXURY AFFAIR website using the sales item information and the product photographs even after the sale thereof for the duration of three months with the reference “sold” - in this respect, the previously granted rights of use continue to be effective during this time.
LUXURY AFFAIR can also solicit the sales item outside the LUXURY AFFAIR website however, is not obligated to do so. LUXURY AFFAIR is also permitted to use the sales item including the sales item information and product photographs in line with promotional measures for the LUXURY AFFAIR website.
In the event an offer is made by a buyer, LUXURY AFFAIR will immediately inform the seller via email, request the seller to send the sales item and after inspecting the sent sales item, accept the buyer’s offer on behalf of the seller, provided that LUXURY AFFAIR receives the sales item within five work days after the notification of the buyer’s offer and it complies with the seller’s information in the sales form. The seller must immediately send the sales item to LUXURY AFFAIR after receipt of the notification however, within three work days at the latest. Provided that the sales item is shipped from a domestic place of dispatch by the seller to LUXURY AFFAIR, LUXURY AFFAIR bears the costs for standard shipment customary in the market. If the sales item is sent from a place of dispatch in another member State of the European Union to LUXURY AFFAIR, LUXURY AFFAIR reserves the right to charge the shipping costs. The seller is obligated to provide for adequate packaging of the sales item, which protects the sales item against moisture, soiling and minor impacts. Fragile or sensitive sales items must be provided with special protective packaging.
After inspecting the sales item received and a positive assessment of compliance with the seller’s information regarding the sales item and provided that the sales item is not defective, significantly soiled or otherwise decisively limited, LUXURY AFFAIR will accept the buyer’s offer on behalf of the seller and send the packaged sales item to the buyer. In the process, the packaging can include LUXURY AFFAIR’s own labels, logos or other indications. The buyer bears the cost of shipment.
For returns of products rejected by LUXURY AFFAIR from Switzerland as well as from other member State of the European Union, LUXURY AFFAIR reserves the right to charge the shipping costs incurred.
If a sales item has not been sold twelve months after placing a sales order, LUXURY AFFAIR will contact the seller and ask to reduce the price.
5. Inspection of sales items
LUXURY AFFAIR inspects whether or not the sales item it received complies with the sales item information provided by the seller, also with the transmitted product photographs and whether or not it is a matter of original merchandise or a fake. In this respect, LUXURY AFFAIR is merely obligated to conduct an external visual inspection of the sales item using appropriately trained personnel. There is no obligation for any other measures. If LUXURY AFFAIR activates a sales item for sale, possible claims by LUXURY AFFAIR and the buyer (in particular, damage or warranty claims) against the seller remain unaffected therefrom. Explicitly note item no. 9.4 of the Terms.
The seller undertakes to provide LUXURY AFFAIR with all information at his or her disposal according to the facts and which is relevant for the inspection of the sales item (e.g. purchase from a private individual or street vendor) and not to withhold any relevant information from LUXURY AFFAIR (e.g. unknown origin of the item).
If the sales item does not comply with the sales item information or does not comply with the transmitted product photographs, LUXURY AFFAIR reserves the right to return the sales item to the seller at the seller’s risk and expense. LUXURY AFFAIR can make return shipment dependent on an advance payment by the seller.
If the sales item is a fake, LUXURY AFFAIR reserves the right to return the sales item to the seller at the seller’s risk and expense. LUXURY AFFAIR can make return shipment dependent on an advance payment by the seller.
In case of plagiarism, LUXURY AFFAIR charges a processing fee of 60 EUR for items with a selling price of 500 EUR. If items have a selling price higher than 500 EUR, LUXURY AFFAIR charges a processing fee of 120 EUR.
If third party rights are asserted in the event of a fake, which obligate LUXURY AFFAIR to surrender the sales item, return shipment is not possible and therefore, also not owed by LUXURY AFFAIR. A claim for damages on the part of the seller of fake merchandise against LUXURY AFFAIR is excluded.
6. Seller authorisations / Assignment of claim for purchase price
The sales order placed with LUXURY AFFAIR includes all efforts at the discretion of LUXURY AFFAIR to obtain the highest possible selling price and to handle the sale on behalf of the seller, for example by an appealing presentation of the sales items, the promotion of sales offers, the offer of price campaigns and, if applicable, the customs clearance. For marketing and pricing, LUXURY AFFAIR is bound to the regulations of Section 2.7 of these Seller Terms. In case of a sale to buyers in countries where a customs declaration is required, the seller authorizes LUXURY AFFAIR to provide the necessary export declarations as an exporter and consignor and to handle all customs related matters.
The seller authorises LUXURY AFFAIR to execute and accept declarations of intent on behalf of the seller in line and in conjunction with a sales contract in regard to the respective sales item and to make statements and carry out actions required for contract performance and settlement. In particular, this applies to the acceptance of the buyer’s offer as well as the receipt of the buyer’s cancellation notice.
The seller has the right to revoke authorisations granted to LUXURY AFFAIR in these Seller Terms at any time in writing without stating reasons. An email to firstname.lastname@example.org constitutes the written form. If the cancellation is not sent electronically to the aforementioned email address, it must be addressed to:
Luxury Affair Roth,
The cancellation becomes effective upon receipt by LUXURY AFFAIR.
The seller hereby authorises LUXURY AFFAIR to conclude a sales contract in his or her name pertaining to the seller’s purchase price claim, which exists between buyer and seller, with LUXURY AFFAIR. The sales contract is concluded – without another explicit statement to the seller and/or LUXURY AFFAIR being required - with LUXURY AFFAIR’s acceptance of a buyer’s offer to buy a sales item (acting as the seller’s representative) and applies to the respective purchase price stipulated in the sales contract for the sales item between LUXURY AFFAIR (acting as the seller’s representative) and the buyer minus the commission according to section 10 and additional costs according to section 11.
The seller hereby assigns the purchase price claim against the buyer to LUXURY AFFAIR based on the sales contract concluded between the seller represented by LUXURY AFFAIR and the buyer according to section 1.6 of the Terms and 6.4 of these Seller Terms; LUXURY AFFAIR accepts the assignment. LUXURY AFFAIR pays the seller the claim (purchase price claim against the buyer) as a purchase price of the claim minus a discount amounting to 3% of the sales price. This does not constitute the conclusion of a master agreement for the regular purchase of receivables by LUXURY AFFAIR. The sale of the receivable and the assignment are carried out without recourse, i.e. LUXURY AFFAIR is not entitled to assert possible non-payments or reduced payments by the buyer against the seller or to reduce the purchase price on the account of the buyer’s lack of creditworthiness (with the exception of the commission according to section 10 and additional costs according to section 11); LUXURY AFFAIR bears the seller’s non-payment risk. The seller is liable towards LUXURY AFFAIR for the viability of the purchase price claim. If a buyer cancels a sales contract concluded between the buyer and seller (represented by LUXURY AFFAIR) based on a granted or statutory right of cancellation, the sales contract regarding the purchase price claim also expires retroactively. Possible payments, which were already rendered by LUXURY AFFAIR to the seller based on the sales contract in connection with the purchase price claim, must be immediately refunded to LUXURY AFFAIR by the seller into the account indicated by LUXURY AFFAIR.
7. LUXURY AFFAIR’s option to buy
LUXURY AFFAIR can also present itself directly and independently as the buyer of the sales item sent by the seller or designated for sale. For this purpose, LUXURY AFFAIR acquires the sales item for the same terms as a third party pursuant to sections 2.7 to 2.9, which are deemed to be the binding purchase price (“own-name transaction”). In this case, the sales contract for the sales item is concluded between the seller and LUXURY AFFAIR. LUXURY AFFAIR will inform the seller of the own-name transaction and the conclusion of a corresponding sales contract between the seller and LUXURY AFFAIR via email.
In the case of the aforementioned own-name transaction, LUXURY AFFAIR is also entitled to deduct the commission according to section 10 and possible additional costs according to section 11 from the indicated purchase price and to merely transfer the net purchase price (sales price without commission and additional costs) into the account specified by the seller.
8. Default of sales contract
LUXURY AFFAIR merely brokers the sales contract between the buyer and seller and concludes said contract with the buyer on behalf of the seller. LUXURY AFFAIR itself is not a contracting party to the sales contract (except in the event of an own-name transaction according to section 7.1 of these Seller Terms).
If, in LUXURY AFFAIR’s opinion, the sales item is a fake or otherwise infringing merchandise, LUXURY AFFAIR has the right to notify the alleged rights holder and/or law enforcement agencies and disclose the seller’s identity. Furthermore, LUXURY AFFAIR has the right to inform the buyer that the sales contract in conjunction with this sales item designated for sale cannot be concluded. The same applies in the event that the sales item was not the sole property of the seller or the seller is not acting based on an appropriate authorisation from the owner and the (co-)owner did not authorise the seller to sell the sales item.
If the seller does not send the sales item to LUXURY AFFAIR upon request by LUXURY AFFAIR, does not send said sales item as owed to LUXURY AFFAIR or does not send said sales item to LUXURY AFFAIR in due time, LUXURY AFFAIR has the right to inform the buyer that there is non-performance on behalf of the seller towards LUXURY AFFAIR regarding the sales item and that a sales contract cannot be concluded between the buyer and the seller (represented by LUXURY AFFAIR) regarding the sales item. Further buyer’s claims against the seller remain unaffected.
The provision in section 8.3 applies accordingly in the event that the condition of the sales item sent to LUXURY AFFAIR by the seller deviates from the sales item information or, if applicable, the product photograph (e.g. regarding size, designer, type of merchandise, condition, etc.).
In the event of a cancellation by the buyer or any other admissible return, LUXURY AFFAIR can, at its own discretion and in line with an existing authorisation from the seller, either offer the sales item again, in particular on the LUXURY AFFAIR website, to obtain an offer from another buyer or terminate the sales order. LUXURY AFFAIR will notify the seller accordingly via email.
The seller is obliged in all cases in which, in accordance with the above provisions a sales order is not concluded after the sending of an item or it has been expired by any termination or other reasons, to withdraw the concerning article (s).
In such cases, LUXURY AFFAIR will return the item(s) to the address provided by the seller. LUXURY AFFAIR reserves the right to charge the shipping cost of the return, in the event an item does not comply with LUXURY AFFAIR's sales guidelines (i.e., the requirements described in section 2.2 of these Seller Terms and Conditions).
LUXURY AFFAIR will inform the seller about the upcoming return.
If one or more items can not be delivered to the address provided by the seller and also on written request from the seller no addressable address will be communicated within 4 weeks and / or the item(s) can not be successfully delivered in case of a new delivery attempt after expiration of these 4 weeks, the item(s) become(s) the property of LUXURY AFFAIR.
10. LUXURY AFFAIR’s commission
The seller owes LUXURY AFFAIR a commission for each brokered sales contract or for each sales contract concluded on behalf of the seller. The commission is also owed if LUXURY AFFAIR buys a sales item from the seller itself (own-name transaction according to section 7.1).
Excluded are items that have been reinstated within seven days after receiving the order (Reselling according to section 4.5 of the user-terms).
The amount of commission depends on the amount of the sales price and is calculated according to the commission scheme which is valid at the point in time when a seller lists an item. The current commission scheme can be found at any time under the following link: https://luxuryaffair.com/pages/luxury-affair-commission-scheme
LUXURY AFFAIR is still entitled to the full commission if the sales contract is not executed in its entirety or merely partially for reasons the seller is responsible for. Reasons attributable to the seller’s range of responsibility are, in particular, a worsening of the condition of the sales item prior to receipt by LUXURY AFFAIR, a deviation of the actual properties of the sales item from the description provided by the seller regarding the sales item or if applicable, the product photographs as well as the improper, incomplete or non receipt of the sales item by LUXURY AFFAIR.
Possible separately charged fees agreed upon with the seller remain unaffected by the preceding right to commission and must be paid additionally by the seller.
11. Additional costs
In addition to the costs for a possible return shipment according to section 5.3 of these provisions, LUXURY AFFAIR also reserves the right to charge amounting to 30 EUR per sales item or merchandise for unsolicited sales items or merchandise sent to LUXURY AFFAIR and/or the shipment of sales items, which do not comply with the provisions according to section 2.2 and section 2.3.
The submitted articles will only be returned to the seller after full settlement or payment.
For plagiarism with a selling price up to 500 EUR, a processing fee of 60 EUR will be charged, for plagiarism with a selling price over 501 EUR, a processing fee of 120 EUR will be charged.
12. Billing and payment
LUXURY AFFAIR will transfer the purchase price agreed upon with the seller for the sold and assigned purchase price claim (i.e. the purchase price for the sales item minus the commission according to section 10 and any additional costs according to section 11 ('net purchase price')) into the bank account specified by the seller and issue a respective statement for the seller.
The payment of the net purchase price to the seller is carried out within two weeks, starting from the assignment of the purchase price; if a buyer benefits from a legal or voluntary return right, the payout period is extended by the duration of the return right. LUXURY AFFAIR does not owe interest for the period between the purchase of the receivable and payment of the net purchase price.
LUXURY AFFAIR is entitled to offset seller’s claims against its own claims outside of or in conjunction with the purchase of the receivable. Furthermore, LUXURY AFFAIR has a right of retention in the case of outstanding claims against the seller.
13. Liability and exemption
The user is liable to LUXURY AFFAIR without any limitation in accordance with legal requirements.
Furthermore, the user must indemnify LUXURY AFFAIR from all third party claims, which are asserted with the pretension that a sales item, which the seller authorised LUXURY AFFAIR to sell,
infringes on third party rights, in particular third party trademark rights, design rights or copyrights,
is not the sole property of the seller and/or is not free of third party rights,
is defective and/or does not comply with the stipulated condition/quality and/or
product photographs submitted to LUXURY AFFAIR by the seller, other photographs or images and/or texts infringe on third party rights, in particular copyrights or ancillary copyrights.
If claims for damages are asserted against LUXURY AFFAIR due to infringement of third party rights or in one of the other cases stated in 13.2, the seller is obligated to indemnify LUXURY AFFAIR in this regard, insofar as LUXURY AFFAIR is not at actual fault and furthermore, to fully assume or compensate all costs (including legal expenses) resulting therefrom. In the event of a claim against LUXURY AFFAIR by a third party, the seller must immediately make all information and documents according to the facts available, which are necessary to review the claims and the defence strategies.
Furthermore, section 9 of the Terms applies.
14. Alteration of the Seller Terms
Section 14 of the User Terms applies accordingly to these Seller Terms.
Section 16 of the User Terms applies accordingly to these Seller Terms.
15. Contract language
The contractual language is German. However, LUXURY AFFAIR provides the contents of the website in English as well. Should any obscurities, doubts or disagreements or the like arise during the contract period or thereafter regarding the legal interpretation or application of these provisions, in cases of doubt, the German version of the Special Terms and Conditions of Luxury Affair Roth for the LUXURY AFFAIR website is deemed to be binding in terms of the law. Therefore, no liability is assumed for the English version.
16. Data privacy
17. Applicable law and jurisdiction
Swiss law applies to all legal relations and disputes between LUXURY AFFAIR and a user resulting from and in conjunction with the use of the LUXURY AFFAIR website, who has his or her usual or main residence in a member state of the EU at the time of contract conclusion. Swiss law applies to consumers with their main residence in a non-EU country excluding the Swiss consumer protection laws.
Irrespective of this applicable law, the compulsory consumer protection laws of the country in which the consumer has his or her main residence at the time of contract conclusion also always applies to the consumers.
Place of jurisdiction for all disputes resulting from or based on this contractual relationship is the business location of Luxury Affair Roth in Gipf-Oberfrick, insofar as the buyer is a merchant or does not have a place of general jurisdiction in Switzerland. However, Luxury Affair Roth can also choose to bring action against a user at his or her place of general jurisdiction.
In the event that a provision or parts of a provision of these Terms is/are ineffective, all other provisions or parts of the provision remain unaffected therefrom.
LUXURY AFFAIR can transfer all duties and rights, completely and partially, resulting from the contract with the user to a third party. LUXURY AFFAIR will inform the user of this in due time and in advance. The user can object to this transfer for legitimate reasons within 14 work days as of receipt of the information.
The European Commission provides a platform for online dispute resolution (ODR). You can reach this platform on www.ec.europa.eu/consumers/odr/.