Consignment Terms and Conditions
This Consignment Agreement ("Agreement") is entered into by and between Break. Vintage LTD ("we", "us", or "our") and the consignor ("you" or "client"). By consigning your item(s) to us, you agree to the following terms and conditions:
1. Company Information
Break. Vintage LTD is a company registered in England and Wales under company number 14293820, with its registered office at Tyttenhanger House, Coursers Road, Colney Heath, St. Albans, England, AL4 0PG. We operate as an intermediary marketplace facilitating the resale of vintage and designer fashion items.
2. Brand Affiliation
We are an independent reseller and are not affiliated with, certified by, or sponsored by any of the brands we offer. All brand names, logos, and trademarks used are the property of their respective owners and are used strictly for identification purposes.
3. Definitions
For the purpose of this Agreement:
- Seller / Consignor: The individual or entity consigning items for sale through Break. Vintage LTD.
- Net Sale Value: The final sale price after deduction of taxes, shipping, transaction fees, and other applicable charges.
- Estimated Sale Value: The mutually agreed estimated resale price for an item, as confirmed in writing prior to listing.
- Acceptance: The point at which Break. Vintage LTD inspects and confirms an item as authentic and fit for sale, and logs it into inventory.
4. Ownership and Title
Legal ownership of consigned items remains with the Seller until the item is sold. Break. Vintage LTD does not take title to any consigned item unless agreed otherwise in writing.
5. Pricing and Sale Value Agreement
An initial Estimated Sale Value will be agreed upon via email between both parties based on photographs or initial description.
Upon receipt and inspection of the item(s), we will confirm or revise the Estimated Sale Value. If there is a change, we will notify the consignor by email and seek confirmation before listing the item. If the consignor does not accept the revised quote, the item will be returned at the consignor’s expense, and no further obligations will apply.
6. Authenticity and Verification
All items must be 100% authentic. Items found to be counterfeit will result in a £200 administration and handling fee, payable before return. If unpaid within 30 days, Break. Vintage LTD may retain or dispose of the item at its sole discretion.
We reserve the right to authenticate all items and cooperate with brand representatives or law enforcement. Our authentication decisions are final, but we may consider appeals supported by documentation or reputable third-party evaluations at our sole discretion.
7. Commission and Payments
Break Vintage will take a commission on the Net Sale Value. Applicable commission rates will be communicated upon item acceptance. Seller payouts are made within 7 days after a successful sale. We reserve the right to adjust commission structures with prior notice.
A "successful sale" is defined as a transaction where the buyer does not initiate a return within the specified return window. As stated on our website, from the date the buyer receives their order, they have 2 days to contact our customer service team to initiate a return for an exchange or store credit. Once the return method is confirmed, the item must be returned within 5 days. Only after this period, if no return has been initiated, is the sale considered successful and eligible for seller payout.
8. Cleaning and Repairs
Items must be clean and market-ready. We may charge for cleaning or minor repairs, deducted from the Seller's payout or payable in advance.
9. Marketing
Consigned items may be used in marketing materials, including social media. You consent to our use of your item images in promotional activities during the consignment period.
10. Data Protection Compliance (UK GDPR)
We collect and process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and our Privacy Policy, which forms part of this Agreement.
11. Export Control Compliance
You represent that your item is not subject to export restrictions and that you are not located in a country under UK trade sanctions. You bear responsibility for the legal import/export of consigned items.
12. Shipping
Tracked shipping is required. You bear all risk until the item is received and accepted by us. If using our shipping label, the cost is deducted from your payout.
Items are insured while in our possession only if you accept our terms and provide tracking.
International clients are responsible for all customs duties, VAT, and handling charges. We may deduct any such costs from your final payout.
13. Risk, Loss and Insurance
Risk remains with you until item acceptance. After acceptance, Break. Vintage LTD assumes responsibility. In the event of damage or loss, liability is capped at the pre-agreed Estimated Sale Value.
14. Anti-Money Laundering (AML) & Sanctions Compliance
You confirm your items were not obtained through criminal activity. We may request identification as part of our KYC checks. We reserve the right to reject or terminate service due to compliance concerns.
15. Intellectual Property Indemnity
You indemnify Break. Vintage LTD from any liability arising from intellectual property infringement claims relating to your consigned items.
16. Force Majeure
We are not liable for failure to perform due to events outside our control, including but not limited to pandemics, war, or supply disruptions.
17. Minimum Consignment Period and Withdrawals
Items must remain with us for a minimum of 3 months. Early withdrawal will incur a fee of up to £200 for administrative costs.
After 3 months, the agreement moves to a rolling monthly term. Either party may terminate with 1 week's written notice, unless termination is for material breach or other exceptional circumstances.
18. Unsold Items
If an item remains unsold after 6 months, we may either return it (at your cost) or apply additional discounts to encourage sale. If we choose to return items, we may do so without prior written notice. Unclaimed or unreturnable items after 60 days may be disposed of or donated.
19. Limitation of Liability
Break. Vintage LTD’s liability is limited to the pre-agreed Estimated Sale Value. We are not liable for indirect, consequential, or reputational loss. Natural wear or manufacturer defects are not our responsibility.
20. Dispute Resolution
Both parties agree to try to resolve disputes through good-faith negotiation for at least 30 days before initiating mediation or legal action.
We may refer unresolved disputes to Alternative Dispute Resolution (ADR). EU clients may use the EU ODR platform: https://ec.europa.eu/consumers/odr
21. Limitation on Seller Authority
You are not authorised to bind or represent Break. Vintage LTD in any manner or use our branding without express written permission.
22. Governing Law
This Agreement is governed by the laws of England and Wales. Disputes will be resolved under the jurisdiction of the English courts.
23. Agreement Acknowledgment and Acceptance
By consigning item(s), using our services, or clicking "I agree," you confirm that you have read, understood, and accepted these terms in full.