CONSIGNMENT AND SALES AGREEMENT
AUTHENTIQUE LUX
CONSIGNMENT & SALES AGREEMENT
PRIVATE CONSIGNMENT • DIRECT PURCHASE • AUCTION SERVICES
This Consignment & Sales Agreement ("Agreement") governs merchandise submitted to Authentique Lux LLC ("Authentique Lux," "we," "us," or "our") for evaluation, authentication, consignment, auction, private sale, direct purchase, or other mutually approved disposition.
By delivering, shipping, submitting, or otherwise transferring merchandise to Authentique Lux, and/or by accepting a written offer or consignment proposal, the owner or authorized representative ("Client") acknowledges and agrees to the applicable provisions of this Agreement.
Any item remains subject to final inspection, authentication, acceptance, and mutually agreed commercial terms.
1. CLIENT REPRESENTATIONS & OWNERSHIP
By submitting merchandise, Client represents and warrants that:
- Client is the lawful owner of the merchandise or has full legal authority to sell or consign it.
- The merchandise is free from undisclosed liens, security interests, claims, disputes, or other encumbrances.
- All information supplied regarding authenticity, provenance, condition, ownership, purchase history, repairs, alterations, and accessories is accurate to the best of Client's knowledge.
- The merchandise is not stolen, counterfeit, fraudulently obtained, or otherwise prohibited from lawful sale.
- Client has the legal capacity and authority to enter into this Agreement.
Authentique Lux may request identification, proof of ownership, purchase documentation, provenance, or additional information before accepting any merchandise.
2. EVALUATION & AUTHENTICATION
All merchandise is subject to inspection and evaluation before acceptance.
Authentique Lux may utilize internal specialists, independent experts, technological authentication resources, brand-specific research, third-party authentication providers, or other reasonable verification methods.
Submission of an item does not constitute acceptance for consignment or purchase.
Authentique Lux reserves the right, in its discretion, to decline any item that does not satisfy its authenticity, condition, marketability, provenance, legal, compliance, or commercial standards.
If authenticity concerns arise, Authentique Lux may suspend processing and request additional documentation or undertake further review as reasonably necessary.
3. CONSIGNMENT
For merchandise accepted on consignment, Client retains legal title until the item is sold, except as otherwise required to complete an authorized transaction.
Authentique Lux is authorized to market and offer accepted merchandise through channels it determines appropriate, which may include:
- Authentique Lux
- Private client sales
- Online marketplaces
- Luxury resale channels
- Auction platforms and auction-house partners
- Other approved sales channels
Authentique Lux may determine the appropriate presentation, photography, cataloging, marketing strategy, timing, and sales channel for each item, subject to any expressly agreed reserve or minimum net amount.
4. PRICING, RESERVES & AUCTION AUTHORITY
Estimated values are opinions only and are not guarantees of sale or final selling price.
Where a reserve, minimum sale price, or minimum Client net has been agreed in writing, Authentique Lux will not intentionally complete a sale below that amount without Client authorization, except as otherwise expressly agreed.
For auction consignments, Client authorizes Authentique Lux to establish reasonable bidding increments, lot placement, catalog descriptions, estimates, photography, promotional strategy, and other customary auction procedures.
No representation or guarantee is made regarding bidder participation, number of bids, sale price, sell-through rate, or the timing of a sale.
5. COMMISSION, FEES & CLIENT PROCEEDS
Applicable commission rates, fees, reserves, minimum net amounts, and other transaction-specific terms will be disclosed to Client in writing before an item is offered for sale.
Client proceeds are calculated from funds actually received and cleared by Authentique Lux, less any agreed commissions, fees, expenses, refunds, reversals, taxes for which Client is responsible, or other authorized deductions.
No change to an agreed commission or material financial term will apply retroactively without Client consent.
6. PAYMENT TO CONSIGNORS
Payment becomes due only after Authentique Lux has received final, cleared and non-reversible funds from the purchaser or applicable selling platform and any applicable settlement, fraud-review, return, cancellation, or payment-processing requirements have been satisfied.
Payment timing may vary based upon the sales channel, payment method, auction platform, banking system, fraud review, or other circumstances reasonably outside Authentique Lux's control.
Authentique Lux is not required to advance Client proceeds before corresponding purchaser funds have been successfully collected and cleared.
7. DIRECT PURCHASE — SELL TO US
Select merchandise may qualify for direct purchase by Authentique Lux.
Any purchase offer is subject to inspection, authentication, verification of ownership, and the specific terms stated in the offer.
Unless otherwise stated, an offer may be withdrawn or revised before acceptance if subsequently discovered information materially affects authenticity, condition, identity, provenance, marketability, or value.
Once a direct-purchase transaction has been completed and Client has received the agreed consideration, ownership transfers to Authentique Lux and the transaction is final except where applicable law requires otherwise.
8. WITHDRAWAL OF CONSIGNED PROPERTY
A Client wishing to withdraw an accepted consignment must submit the request in writing.
Withdrawal is subject to any previously agreed minimum consignment period and may also be subject to reasonable costs already incurred in connection with authentication, photography, cataloging, insurance, transportation, auction submission, marketing, storage, or third-party services.
An item cannot be withdrawn after it has been sold or after a binding bid, purchase commitment, or other binding transaction has been accepted.
Any applicable withdrawal charges must be paid before merchandise is released.
9. UNSOLD PROPERTY
If merchandise remains unsold following the applicable consignment or auction period, Authentique Lux and Client may agree to:
- Relist the merchandise;
- Place it in a future auction;
- Modify the asking price or reserve;
- Offer it through another approved sales channel; or
- Return the merchandise to Client.
Any return shipping, insurance, handling, or other applicable costs will be governed by the terms agreed for that consignment.
Authentique Lux will not donate, dispose of, or otherwise transfer ownership of unsold merchandise without authorization or a legally enforceable abandoned-property procedure.
10. SHIPPING, DELIVERY & RISK OF LOSS
Clients must follow shipping or delivery instructions provided by Authentique Lux.
Responsibility for merchandise during transportation will depend upon the shipping method, carrier, insurance coverage, and shipping arrangements applicable to the transaction.
Authentique Lux is not responsible for loss, theft, delay, or damage occurring before merchandise is received into its custody except to the extent expressly assumed by Authentique Lux in writing or required by applicable law.
Claims involving carriers or insurers remain subject to their respective terms, exclusions, documentation requirements, and claims procedures.
11. CARE OF CONSIGNED PROPERTY
Authentique Lux will exercise commercially reasonable care in handling merchandise while it is in our possession.
Any liability for loss or damage will be subject to this Agreement, applicable insurance coverage, the agreed value of the merchandise, and applicable law.
Authentique Lux will not be responsible for ordinary wear inherent in reasonable inspection, authentication, photography, handling, storage, display, or other authorized activities, except where caused by negligence or otherwise required by law.
12. COUNTERFEIT, STOLEN OR PROHIBITED PROPERTY
Authentique Lux maintains strict standards concerning authenticity and lawful ownership.
If merchandise is reasonably suspected to be counterfeit, stolen, unlawfully obtained, or otherwise prohibited from sale, Authentique Lux may suspend the transaction, decline the item, request supporting documentation, cooperate with appropriate authorities when legally required, and take other actions permitted or required by law.
Client remains responsible for losses, expenses, claims, or liabilities resulting from materially false ownership, provenance, or authenticity representations, to the extent permitted by law.
13. THIRD-PARTY SALES & AUCTION PLATFORMS
Client acknowledges that merchandise may be offered through independent third-party platforms or service providers.
Such transactions may be subject to additional platform rules concerning bidding, buyer premiums, payments, shipping, cancellations, disputes, fraud prevention, and settlement.
Authentique Lux does not control the independent operation, availability, policies, or conduct of third-party platforms.
14. RETURNS, CHARGEBACKS & FAILED TRANSACTIONS
A transaction is not considered finally settled until purchaser funds have cleared and any applicable payment or platform review has been completed.
If a purchaser payment fails, is reversed, is determined to be fraudulent, or a transaction is lawfully rescinded, Authentique Lux may treat the merchandise as unsold and may relist, return, or otherwise handle it in accordance with this Agreement.
No Client proceeds are owed for a transaction for which Authentique Lux does not ultimately receive and retain the corresponding purchase funds, except where otherwise required by law.
15. PHOTOGRAPHY & MARKETING RIGHTS
Client authorizes Authentique Lux to photograph, film, describe, catalog, advertise, reproduce, and otherwise use images and information concerning submitted merchandise for purposes related to authentication, marketing, auction, sale, archival records, editorial content, and promotion of Authentique Lux.
Unless otherwise agreed in writing, Authentique Lux retains ownership of the photography, catalog copy, marketing materials, layouts, and other original creative materials it produces.
16. PRIVACY & CONFIDENTIALITY
Authentique Lux respects the privacy of its clients and may maintain Client identity and transaction information confidential except where disclosure is reasonably necessary to complete a transaction, comply with law, prevent fraud, enforce this Agreement, work with service providers, insurers, payment processors or sales platforms, or protect Authentique Lux and its clients.
17. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Authentique Lux will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from a transaction under this Agreement.
Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.
18. INDEMNIFICATION
To the fullest extent permitted by law, Client agrees to indemnify and hold Authentique Lux and its affiliates, officers, employees, and agents harmless from third-party claims, losses, liabilities, and reasonable expenses arising from Client's breach of this Agreement, including materially false representations concerning ownership, authenticity, provenance, authority to sell, or lawful title.
19. GOVERNING LAW & DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Any arbitration requirement, class-action waiver, venue provision, or other dispute-resolution procedure incorporated into this Agreement should be stated conspicuously and will apply only to the extent enforceable under applicable law.
20. ENTIRE AGREEMENT & MODIFICATIONS
This Agreement, together with any written consignment proposal, direct-purchase offer, invoice, auction terms, applicable policies, and other terms expressly incorporated by reference, constitutes the agreement governing the applicable transaction.
Transaction-specific written terms control over conflicting general provisions with respect to that transaction.
No material modification to an existing consignment will apply retroactively without appropriate notice or agreement where required.
If any provision is determined to be unenforceable, the remaining provisions will remain effective to the fullest extent permitted by law.
21. ACCEPTANCE
By signing this Agreement, electronically accepting it, submitting merchandise after being presented with these terms, or otherwise entering into an authorized transaction with Authentique Lux, Client acknowledges that Client has read, understood, and agreed to the applicable terms.
AUTHENTIQUE LUX LLC
Private Consignment • Direct Purchase • Luxury Auction Services
Consignment & Sales: 561-446-3824
Private Concierge: 424-384-9790
Email: concierge@authentiquelux.com
LUXURY IS WHAT WE SELL. TRUST IS WHAT WE BUILD.
