LuxAnthropy (the “Company”), a selling platform for designer and select contemporary brand merchandise, controls and has the right to sell certain items, described and itemized on LuxAnthropy’s website, or collected from Consignor (the "Consignor") by LuxAnthropy as part of its consignor service (collectively, the "Property"). Consignor wishes to sell that Property.
Consignor desires that the Property be sold on consignment by LuxAnthropy, and LuxAnthropy wishes to sell that Property on behalf of Consignor. This means that Consignor transfers possession but not ownership of the Property to LuxAnthropy, subject to these Consignment Terms (the "Agreement").
Therefore, in consideration of the mutual premises and covenants contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, and expressly subject to the provisions of LuxAnthropy’s Terms of Service, which terms may be amended from time to time at LuxAnthropy’s sole discretion, the parties agree as follows:
2. Delivery of Property
Consigner may mail the Property to LuxAnthropy at 15021 Ventura Boulevard, Suite #528, Sherman Oaks, CA 91403 or schedule a local Los Angeles area pickup by LuxAnthropy. Instructions can be found under ‘How to Consign’ on the Company’s website, Luxanthropy.com. LuxAnthropy takes possession of the Property on a consignment basis only, subject to this Agreement. If the Property does not meet LuxAnthropy’s quality standard, to be determined at LuxAnthropy’s sole discretion, the item(s) will be returned to Consignor at Consignor’s expense.
3. Risk of Loss & Insurance
Consignor accepts all risk of loss or damage while the Property is in Consignor’s possession, including during transit. Consignor is responsible for adequately insuring package(s) to be mailed to LuxAnthropy. LuxAnthropy only accepts responsibility for risk of loss once it has taken possession of the Property, deems it eligible for sale on the website and accepts the Property into inventory.
LuxAnthropy endeavors to take reasonable effort to safeguard merchandise kept on premises. The company maintains no liability for loss, damage or destruction on any consigned item(s) by fire, theft, accident or any other cause.
If the Property is lost, damaged or stolen after it has been accepted by LuxAnthropy, the Consignor will be credited their Consignor’s Commission as though a sale has taken place, pursuant to the provisions of Section 8, below.
This remedy shall constitute the sole remedy and entire recourse of Consignor against LuxAnthropy and is in lieu of any other remedy available as a matter of law or equity. Acceptance of Consignor’s Commission by Consignor shall constitute a waiver of all other remedies otherwise available.
4. Condition of Items
LuxAnthropy reserves the right not to accept Property that doesn't meet the Company’s quality standards. LuxAnthropy will only accept dry cleaned, stain-free, un-damaged, authentic items. LuxAnthropy’s service connects buyers with designer, high-end and/or contemporary previously-owned merchandise only. The Company will decide at its sole discretion if the Property fits these criteria. Condition of the Property will affect the valuation. If an item does not meet LuxAnthropy’s standards, the Company may still decide at its sole discretion to accept the item and list it at a competitive price. The Consignor will be notified of this competitive price. If they do not agree, Consignor may request the item be returned to them according to the provisions of Section 6, below.
LuxAnthropy has a zero-tolerance policy when it comes to designer replicas. Our experienced team inspects each item to ensure replicas never make it onto the site. Each product we accept is put through a multiple-point, brand-specific authentication process by a team of luxury experts. In the rare case that we discover a replica item has been sold, that buyer will receive a full refund, the Consignor shall return any and all Commission received from LuxAnthropy, and further appropriate action may be taken against the Consignor. LuxAnthropy does not accept fake or counterfeit merchandise of any kind. If we suspect that a submitted consignment item is inauthentic, we will first contact the Consignor for proof of purchase. If there is still further doubt about the item’s authenticity, we reserve the right to confiscate the item and destroy it in compliance with all laws. Please note, brands sold are not partnered or affiliated with LuxAnthropy.
By accepting this Agreement, Consigner affirms that they are the lawful owner of all the merchandise sent to LuxAnthropy, and that to their reasonable knowledge, they believe the items to be Authentic.
6. Consignment Period and Return of Property
The "Consignment Period" for an item of Property begins on the Effective Date and ends 365 days thereafter, whether or not such Consignment Period extends beyond the term of this Agreement. (i) At any time during the Consignment Period, and subject to this provision, You may request in writing that We return any Accepted Item (a “Return Request”), so long as the Accepted Item has not already been Sold. Once We receive Your Return Request, We will use commercially reasonable efforts to remove the Accepted Item from the Service before it is Sold.
(1) If Your Return Request is made any time prior to the end of the Consignment Period, We will return the Accepted Item to You and will charge You the costs of return and such costs will be deducted from Your pending Commissions (if available). If You do not have enough pending Commissions available to cover the Costs (as defined below in this Section), We will not return the item to You unless and until You pay for the costs of return prior to shipment. “Costs” of return are equal to: (A) a fee of $15 per every other item, which fees reflect Our up-front costs of storing, cataloging, and photographing the item in preparation for sale, plus (B) applicable shipping costs.
(2) If an Accepted Item has not been Sold and You have not submitted a Return Request by the end of the Consignment Period, You relinquish all right, title, and interest to such Accepted Item and authorize Us to re-purpose or donate the item to a charity of Our choice without further notice or any compensation to You.
(3) If an Accepted Item has not been Sold by the end of the Consignment Period, We will contact You and, at Your option and Our expense: (A) return the Accepted Item to You, or (B) re-purpose or donate the item to a charity of Our choice.
(ii) If at the end of the Consignment Period We are unable, after using commercially reasonable efforts (and in any event within thirty (30) days of Our first attempt), to contact You at the email or physical address We have on file for You any items of Consigned Property may be re-purposed or donated to a charity of Our choice
7. The Sale
LuxAnthropy in its sole discretion will determine the initial selling price for the Property (the "Initial Sale Price"), based on its evaluation of the Property together with its determination of the current market price for each specific item of Property.
LuxAnthropy will display on its site, and make commercially reasonable efforts to sell, the Property. LuxAnthropy may offer additional discounts and promotions during the Consignment Period, at its sole discretion and without notice to Consignor as a means to efficiently market and sell the Property. A “Property Sale” shall be deemed to have occurred where an item of Property is:
(a) Sold by LuxAnthropy and not returned to LuxAnthropy within the period specified in LuxAnthropy’s Return Policy; or
(b) Lost, stolen or damaged while in LuxAnthropy's possession, but only after the item has been accepted into LuxAnthropy’s inventory++.
Upon a Property Sale, the net selling price upon which all Commissions are based shall equal the price of the item of Property sold, less applicable discounts, excluding taxes and shipping (the "Net Selling Price").
The Commission amount is determined based on the aggregate Net Selling Price of all Property sold pursuant to this Agreement during the “Commission Period,” which is defined as the twelve-month period beginning upon the first Property Sale pursuant to this Agreement. Consignor acknowledges and agrees they will receive the following Commission (as defined below, the "Commission") based on the Net Selling Price of an item of Property:
(a) A Commission equal to 60% of the Net Selling Price where the total Net Selling Price of all Property sold pursuant to this Agreement during the Commission Period equals $9,999 or less, or (b) A Commission equal to 70% of the Net Selling Price where the total Net Selling Price of all Property sold pursuant to this Agreement during the Commission Period equals $10,000 or more.
The Commission Period and the corresponding Commission rate will reset on each one-year anniversary following the Consignor’s first Property Sale under this Agreement. LuxAnthropy reserves the right to change the rate of Commission at the end of each Commission Period. Further, LuxAnthropy reserves the right to make other changes to its Commission structure and the Commissions upon fourteen (14) days' notice to Consignor in accordance with Section 14. The Commission shall be Consignor's sole compensation under this Agreement. Consignor agrees to donate a minimum of 5% of their Commission to a LuxAnthropy partner charity of their choice. Consignor may donate up to 100% of their Commission to their chosen LuxAnthropy partner charity in exchange for a tax receipt from the same LuxAnthropy partner charity of choice. Please see our (charity partners page link) for a complete list of participating charities. Consignor will be able to view their Commission and donations on their Seller’s page.
LuxAnthropy is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with our partner charities. As such, LuxAnthropy is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such partner charity. LuxAnthropy enables this charitable feature merely as a convenience and the inclusion of such feature does not imply an endorsement or a recommendation.
A buyer has up to 14 days to return the Property if they choose. Payments won’t begin processing until that time has elapsed. (Return Policy Link). LuxAnthropy will transfer your donation to your chosen charity on a quarterly basis to ensure each transaction is fully completed. If the Consignor’s Property is returned for any reason to LuxAnthropy, LuxAnthropy will re-list the Property and adjust the price accordingly, pursuant to Consigner’s review of the adjusted price, if necessary. LuxAnthropy begins processing Commission payments on the 15th day of every month for the sale period beginning on the 1st of the previous month to the last day of the previous month. For example, payments processed on April 15th would cover the sale period from March 1 through March 31. Such payments will be made to the Consignor by physical check, or by any other method upon which Consignor and LuxAnthropy may agree in writing. The timing of processing and delivering Commission payments may vary, but payment processing will typically take at least two business days to complete and issue to Consignor.
In the event of any dispute between the Parties, LuxAnthropy shall have no obligation to pay any Commission or other amount otherwise due to Consignor, including without limitation amounts unrelated to the dispute, unless and until such dispute is resolved. LuxAnthropy shall be entitled to withhold any Commissions (including any otherwise due for items of Property not then subject to the dispute) in full or partial satisfaction of any amounts due to LuxAnthropy.
Either Party may terminate this Agreement at any time, for any reason. Termination shall be effective when either Party serves written notice thereof on the other Party and according to provisions of Section 6 of this Agreement in regards to returns of Property.
Notice for LuxAnthropy shall be sent to:
15021 Ventura Blvd
Sherman Oaks, CA 91403
Consignor may not transfer or assign this Agreement or any interest herein. Any prohibited assignment shall be void.
11. NO PROPERTY WARRANTIES
LUXANTHROPY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, RELATING TO ITS SERVICES OR ACTIVITIES HEREUNDER. IN NO EVENT WILL LUXANTHROPY’S LIABILITY HEREUNDER EXCEED THE AMOUNT IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING CONSIGNOR'S PROPERTY HEREUNDER. THE FOREGOING DISCLAIMER AND LIMITATION IS A FUNDAMENTAL PART OF THE BASIS OF LUXANTHROPY’S BUSINESS, AND LUXANTHROPY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMER AND LIMITATION.
12. Representations, Warranties & Indemnification
Consignor hereby represents and warrants that it has good and marketable title to each item of Property and has the right to consign and sell the Property, none of which is subject to any liens or other encumbrances, and further represents and warrants that the Property does not infringe upon or violate any trademark, copyright, or other proprietary right of any third party, any state or federal law, or any administrative regulation. Consignor hereby agrees to indemnify and hold LuxAnthropy harmless from all damages, suits, litigation, awards, and costs, including but not limited to attorneys' fees and costs, as a result of or arising out of in any way LuxAnthropy's display or sale of the Property for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other legal or equitable cause of action.
13. Governing Law and Choice of Venue
Any dispute arising out of this Agreement shall be governed by the laws of the state of California. You agree that any claim or dispute you may have against LuxAnthropy shall be resolved by a court located in Los Angeles County, California. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
14. Amendments to this Agreement
LuxAnthropy may update or change any of the terms and conditions of this Agreement at any time and in its sole discretion by notifying Consignor at the email address or physical address Consignor has provided in this Agreement. Consignor hereby agrees that all agreements, notices, disclosures, and other communications that LuxAnthropy provides electronically satisfy any legal requirement that such communications be in writing. Consignor shall be bound by all revised terms. If Consignor does not agree to any revised terms of this Agreement, including any change to the Commissions, Consignor’s sole recourse is to terminate this Agreement in accordance with Section 9 and Section 6 before the effective date of the revised terms. Notwithstanding the foregoing, any revised terms shall not apply retroactively to Sales made prior to the effective date of the revised terms.
15. Entire Agreement
This Agreement sets forth the final, complete and exclusive agreement of the Parties regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements, either verbal or written, on the subject matter hereof.
In the event any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of its execution.
Notwithstanding any other provision or general legal principle to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a Party will survive the expiration or termination of this Agreement.