Seller Terms

Updated: 06-Feb-2024

Please read this Agreement carefully and ensure you understand and agree to its terms before proceeding.

This Seller Agreement ("Agreement" "Seller Terms") is between You ("Seller" “you”) and Secondful Brands Trading L.L.C, owners and operators of www.secondful.ae ("Secondful," "we," "us") regarding the use of the website and/or any mobile applications (collectively "Platform") to consign your products (“Consigned Item(s)”) with Secondful. 

By agreeing to list the item(s) submitted (“Consigned Item(s)”) on our Platform, you understand that you are not selling them to us directly and you own the right and title to the Consigned Item(s) until they are sold. Secondful desires to take possession of the Consigned Item(s) with the intention of selling it to a third party.

By completing the sign up process and clicking the “Agree” button, you agree to be legally bound by this Agreement, the Terms of Service (“Terms”) and Privacy Policy, which are incorporated by reference in this Agreement and also governs your use of the Platform and Services. 

Secondful may update this Agreement at any time. Any changes to this Agreement will be posted on this page or on our website. Once posted, the new Agreement will be effective immediately. By continuing to access the Platform or use its services, you will be considered to have accepted the updated Agreement.

General Seller Terms

• — A Seller must (1) be at least eighteen (18) years of age, in the case of an individual; (2) be legally capable of entering into a contract with Secondful; (3) not have any criminal record and be compliant with all Applicable Laws; and (4) have valid identification or incorporation documents as requested by Secondful, in the case of an individual or legal entity, respectively.
• — By consigning your products with Secondful you certify that the products are in working condition, free of any damage or defects, have not been altered in any way, and include all original parts. Additionally, products consigned for sale must be merchantable in the UAE and comply with Federal, State or local law in the United Arab Emirates.
• — You represent and warrant (promise) you have an unrestricted right to transfer, and full title in (or has received, in writing, all the necessary licenses, consents, and permissions relevant to this Agreement to sell the Consigned Item(s) by any necessary parties), all products you consign. Please note consigning products you don’t own is a federal criminal offense.
• — You will continue to own and have title to each item that we have accepted until that item is “sold“. An accepted item will be considered sold if or when: (a) the item is sold to a customer and not returned within the then-current return window; or (b) the consignment window for the item expires; or (c ) Secondful buys your item upfront.  You understand that once a product is sold you no longer have ownership in that item, and you waive any right to say otherwise.
• — You are responsible for ensuring the authenticity of all items you provide. You acknowledge and agree that any item determined by Secondful to be counterfeit will not be returned to you and may be destroyed.
• — You assume full responsibility for all product liability damages, personal injuries and claims of all types related directly or indirectly to the sale of your goods by Secondful. Secondful’s total liability under this Agreement, howsoever arising, shall in no circumstances exceed the total amount of the Secondful Fee received under this Agreement if any.
• — All completed transactions that are available for payout are forfeited after 365 days if they are not claimed.

Other Seller Terms

Grant of Exclusive Rights: You grant Secondful the exclusive right to display and sell the consigned item(s) on the Platform.

Pricing and Evaluation: Secondful will evaluate the condition of consigned item(s) and reserves the right to set the price of consigned item(s) based on retail value, evaluated condition, and similar market listings. The Seller will be notified to review the pricing before it gets published. If the Seller refuses the recommended Base Selling Price or the item(s) are not merchantable, the Seller will bear all costs of having the item(s) returned to them within 7 days. With the aim of enhancing sales for any Consigned Item(s) that remain unsold after 30 days from listing, the Seller authorizes Secondful to decrease the Base Selling Price by 5-15% every 20-30 days at Secondful’s discretion.

Secondful Fee: Secondful shall receive a percentage of the final base selling price of each consigned item as outlined in the table below

Remittance of Sale Price: Secondful will remit the sale price of the consigned item(s), less the Secondful Fee and any applicable VAT according to UAE laws, to the Seller within 30 days from the date of the sale provided there are no returns on the sale and accurate user and bank information has been provided.

Storage & Fulfillment of Item(s): You acknowledge that the consigned item(s) will be kept, stored and fulfilled by one of Secondful's third-party logistics partners.

Timeframe and Options: Secondful stores each item for a consignment window of 120 days after which the Seller will forgo ownership. The seller has the optIon to have the item returned once 110 days of the consignment window has passed for a processing fee of AED 35. If the consigned item is not sold within 120 days of the listing, Secondful will donate this item and in some cases, sustainable dispose of. 

Secondful's Warranties and Representations: Secondful will execute its obligations with reasonable care and skill. Secondful does not provide any warranty or guarantee that its services offered on the Internet or through its platform will be free from interruptions or errors or that its services will result in any revenue for the Seller.

Indemnification: You agree to indemnify and hold Secondful and its related parties, including its officers and directors, harmless for any claims, damages, judgments, settlements, costs and expenses, including costs of investigation and claim review and legal fees, that Secondful becomes legally obligated to pay because of any claim made against Secondful associated with your Consigned Item(s).

Third Party Data Transfer: By consigning your item(s) with Secondful, you expressly authorize Secondful to transmit your data to affiliated and unaffiliated third-party service providers for fulfilling its service offering. By consigning your item(s) with Secondful, you expressly authorize Secondful’s third-party service provider to originate credit transfers to your financial institution account. You authorize us to collect and share your personal information including full name, email address and financial information with our third-party providers and you are responsible for the accuracy and completeness of that data.

Governing Law and Jurisdiction: This Agreement is governed by the laws of UAE, and any disputes will be subject to the exclusive jurisdiction of DIFC court.

Miscellaneous: This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements. It may not be modified except in writing by both parties. No waiver of any provision shall be deemed a waiver of any other provision. The articles and other headings are for reference purposes only, and shall not affect in any way the meaning or interpretation of the terms outlined in this Agreement. By accepting the terms, the Seller agrees to be bound by these Terms.