Consignment
Terms and Conditions
1. General provisions
1.1. “Consignment” means the provision of goods by the Seller to EXCLV., whereby EXCLV. only purchases and pays for the goods to the Seller when the goods are actually sold to a third-party buyer.
1.2. These terms and conditions contain the entire agreement between the Parties with respect to the consignment and supersede all prior oral or written agreements.
1.3. Deviations or changes are only valid if expressly agreed in writing.
1.4. If any provision is invalid or unenforceable, this will not affect the validity of the remaining provisions. The parties will replace the affected provision with a valid provision that comes as close as possible to the original purpose.
2. Object and Acceptance of the Goods
2.1. The Seller undertakes to consign authentic, original, and lawfully acquired luxury designer goods to EXCLV.
2.2. The goods remain the property of the Seller until the moment of effective sale to a third party and full payment by that third party.
2.3. Upon receipt, EXCLV. reserves the right to inspect the goods for authenticity, condition, completeness, market value, and saleability.
EXCLV. may refuse goods that do not meet its quality or sales criteria.
2.4. The final sale price shall be determined in mutual consultation, taking into account the current market value. EXCLV. reserves the right to adjust the asking price if market conditions reasonably require it.
2.5. EXCLV. is not obliged to effectively sell the goods and undertakes only a best-efforts obligation.
2.6. The goods shall be deemed to be at EXCLV.’s disposal from delivery at EXCLV.’s warehouse until: the sale to a third party; or the physical return to the Seller.
3. Duration and Termination
3.1. The consignment period is 6 months from the signing of the consignment form.
3.2. After this period, the Seller may reclaim the item upon payment of an administrative fee of €7 per item, payable prior to collection.
3.3. If the Seller wishes to withdraw the item during the consignment period, an administrative fee of €50 per item shall be due.
3.4. If goods are not collected within 7 months after signing, this shall be considered a definitive and irrevocable waiver of ownership rights. In such case, EXCLV. shall acquire the right to freely dispose of the goods, including sale, donation, or destruction, without any compensation being due.
3.5. Visual materials, product descriptions, marketing materials, and photographs shall at all times remain the exclusive property of EXCLV.
4. Use, Risk, and Liability
4.1. EXCLV. shall store the goods as a careful and professional trader.
4.2. The goods may not be used for personal purposes and shall only be used for presentation and sales purposes.
4.3. During the consignment period, the goods remain at the Seller’s risk, except in cases of proven intent or gross negligence on the part of EXCLV.
4.4. EXCLV. shall not be liable for:
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minor fault,
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indirect damage,
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consequential damage,
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depreciation resulting from normal handling,
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damage caused by third parties.
4.5. In all cases, any liability of EXCLV. shall be limited to the agreed consignment value of the relevant item.
4.6. EXCLV. may include the goods in its insurance policy without this constituting a guarantee of result.
5. Price and Commission
The commission of EXCLV. amounts to:
Sale Price — EXCLV. Commission
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up to €300 — 30%
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€300 – €2000 — 40%
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above €2000 — 50%
The percentages are calculated on the effective sale price and exclude shipping costs.
5.1. If an item has not been sold after 3 months, EXCLV. may include it in a discount campaign with a price reduction of 20%.
5.2. EXCLV. has the right to include goods in promotions, sales, or temporary campaigns where market-conform.
5.3. Payment to the Seller shall be made within 30 days after expiry of the statutory 14-day withdrawal period, calculated from receipt by the third-party buyer.
5.4. Payments are executed on the 28th of the month.
5.5. In the event of:
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fraud,
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payment dispute,
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chargeback,
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non-final receipt of payment,
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abuse of the right of withdrawal,
EXCLV. has the right to suspend payment until full legal certainty exists.
5.6. If an item is withdrawn by the buyer and returned damaged or in diminished condition, the established depreciation shall be deducted from the amount owed to the Seller.
6. Warranty and Authenticity
6.1. The Seller guarantees that:
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the item is authentic,
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it is not stolen,
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it is not counterfeit or a copy,
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the Seller is entitled to consign the item.
6.2. EXCLV. or its experts have the exclusive right to assess authenticity.
6.3. If an item is considered counterfeit:
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EXCLV. may refuse it;
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it shall be returned or destroyed at the Seller’s expense;
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EXCLV. may recover any related costs from the Seller.
6.4. The Seller shall fully indemnify EXCLV. against all third-party claims relating to authenticity, ownership, or infringement of intellectual property rights.
6.5. The Seller warrants against hidden defects for a period of 6 months.
7. Exclusivity
7.1. During the first 3 months, the Seller undertakes not to offer the item for sale through other channels or platforms.
7.2. If the item physically remains with the Seller, the Seller undertakes to keep it in its original condition and not to use it.
7.3. EXCLV. is free to determine the manner of offering and may offer the goods online, offline, or via external platforms.
8. Status of the Parties
The Parties are independent entrepreneurs. This agreement does not create a partnership, mandate, employment relationship, or any other relationship of subordination.
9. Force Majeure
EXCLV. shall not be liable for delay or non-performance due to force majeure, including but not limited to fire, theft, pandemic, government measures, IT failures, or transport problems.
10. Privacy
Personal data is processed in accordance with applicable privacy legislation and EXCLV.’s privacy statement, available at www.exclv.be.
11. Governing Law and Dispute Resolution
11.1. These consignment terms are exclusively governed by and interpreted in accordance with Belgian law.
11.2. In the event of a dispute arising out of or in connection with this agreement, the Parties undertake to first attempt to resolve the dispute amicably.
11.3. If no amicable solution is reached within a reasonable period, the courts of the judicial district where EXCLV. has its registered office shall have exclusive jurisdiction.
11.4. By mutual agreement, the Parties may decide to submit the dispute, prior to or alternatively to court proceedings, to a recognized arbitration or mediation center, such as CEPANI.
11.5. EXCLV. is the commercial name of the company Passion for Exclusive, having its registered office at Donklaan 253 bus 1002 – 9290 Berlare, registered with the Crossroads Bank for Enterprises under number BE1027.816.651.