General terms and conditions commission sale

GTCs Commission Sales

Status May 1 2024


In the event of a discrepancy between the English version of of the GTCs Commissions Sales and the German version, the German version shall always prevail

1. Area of application

The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between REAWAKE AG, Brandschenkestrasse 43, UID no. CHE-483.247.020 (hereinafter referred to as "REAWAKE", "us", "we" or "commission agent") and the customer (hereinafter referred to as "principal", the female form was chosen for simplification purposes and includes all genders) who wishes to sell high-quality second-hand products ("commission goods") with REAWAKE. 

Individual agreements concluded shall take precedence over these T&Cs Commissions Sales (“GTCs”). Conflicting terms and conditions of the Principal shall not be recognized.

In the event of relevant changes, REAWAKE will arrange for the updated GTCs to be signed again.

Please read these terms and conditions carefully before placing consignment goods for sale with REAWAKE. By issuing the commission form, you agree to the following conditions and declare that you are authorized to enter into legally binding contracts and are at least 18 years of age. 

2. Subject matter of the contract

1. a commission agreement is concluded between the principal and REAWAKE as commission agent.

2. the principal hands over the goods on consignment to REAWAKE for sale and assures by accepting the General Terms and Conditions that the goods on consignment are its unrestricted property and free from third-party rights.

3. after the expiry of the commission period, REAWAKE shall take the Commissioned Goods into custody for 30 days in accordance with the following provision of § 3 (2).

3. Duration of commission contract, ordinary termination of contract and collection period

1. the commission contract begins with the delivery of the commission goods to REAWAKE. The commission period of 90 days starts with the inclusion in REAWAKE's ERP system (= completion of the processing of the commission goods by REAWAKE and "authentication date"). The start of the commission period is indicated by the resending of the commission form via email, in which the expiration date is also documented.

2. from the end of the commission period, REAWAKE shall hold unsold commission goods in safekeeping for a period of 30 days (safekeeping agreement). The principal is obliged to collect unsold commission goods within this 30-day safekeeping period. REAWAKE will not actively remind the principal to collect the goods. Collection is only possible by prior appointment. Unless otherwise agreed, collection shall take place at the location where the goods were delivered.

3. if the consignment goods are not collected during the term of the safekeeping agreement, the items shall become the property of REAWAKE without the principal receiving any financial compensation or being informed thereof. If the consignment goods are still in the ownership and possession of REAWAKE after expiry of the safekeeping agreement (the principal has no claim to this), REAWAKE will return them to the principal for a "late collection fee" of CHF 250 per consignment item. 

Collection is only possible by prior appointment. 

4. Early pick-up

The principal may terminate the commission contract prematurely during the term in accordance with § 3 No. 2 without stating reasons, provided that the commission goods have not yet been sold or reserved at the time of termination. Termination after the sale or reservation of the commission goods is excluded. In the event of premature termination of the commission contract in accordance with this § 4, REAWAKE shall charge a lump-sum expense allowance of 10% of the sales price, but at least CHF 250 per item of commission goods reclaimed.

5. Condition of the goods on consignment/ authenticity

1. the goods on consignment must be clean, functional and without defects that impair their function. Obvious or deliberate defects must be reported by the consignor upon delivery.

2. by submitting the consignment goods, the principal assures that the consigned items - as defined in the consignment form - are authentic. Authentic in this sense means that the consignment goods originate from the brand/label as it is labeled and that it is neither a plagiarism nor an imitation (replica). As the owner of the goods on consignment, the principal shall be liable for all civil law claims that may arise from the sale of non-authentic products. In addition, REAWAKE is entitled to investigate doubts about authenticity at its own expense. In addition, the consignor undertakes to state if a consignment item was not purchased directly from the respective label or not at first hand.

6. Pricing

1. if the Principal does not express any ideas regarding the minimum payment to be received by REAWAKE from the sale of the Commissioned Goods, the Commissioned Goods shall be sold at the sales price set by REAWAKE ("gross sales price") without consultation with the Principal. REAWAKE determines fair sales prices on the basis of experience, expertise and market research based on the current market situation. The commission form is sent to the consignor by email for information purposes. The consignment goods can be taken back within 24 hours of receipt of the email with the attached completed consignment form for information (date of dispatch relevant) for an expense allowance of CHF 100 per consignment item, provided they have not yet been sold or reserved by then.

2. if a minimum payment amount to be redeemed by REAWAKE for the principal is expressed by the principal upon delivery of the commission goods, this shall be discussed and documented accordingly on the commission form:

  • If the sales price determined by REAWAKE meets or exceeds the documented request of the principal with regard to the minimum payout (determined in accordance with the revenue sharing scale pursuant to Section 9 (3)), the commission goods shall be released for sale without consultation with the principal. The commission form shall be sent to the principal by email for information purposes.

  • If the price set by REAWAKE leads to a shortfall in the documented minimum payout to the principal, REAWAKE will consult with the principal. If the principal and REAWAKE are unable to agree on a selling price or if three attempts to contact the principal are unsuccessful and the commission agent is unable to contact the principal, the principal must collect the commission goods within 7 working days. If the 7-day period has elapsed, the consignment goods will be released for sale at the sales price proposed by REAWAKE. If the consignment goods are reclaimed by the principal despite the expiry of the 7-day period, the regulation on early collection (§ 4) shall apply accordingly.

3 REAWAKE shall always endeavor to achieve the best possible fair selling price for the Commissioned Goods, which may result in a payout to the Principal above an agreed confirmed payout. The Principal shall always be entitled to the share of the proceeds pursuant to §9(3) of the sales price, which may not, however, be less than an agreed minimum payout ("confirmed payout on sale"). 

7. Return after Drop Off

After acceptance, REAWAKE subjects the consignment goods to a detailed quality, authenticity and defect check. If defects are discovered that were not detected at first glance upon acceptance, these are documented on the consignment form and the consignor is requested to pick up the corresponding consignment goods within 7 working days. After a further period of 7 days has elapsed, the consignment goods become the property of REAWAKE. 

8. Authentication

1. if the consignor cannot provide a purchase receipt for handbags with a REAWAKE sales price of over CHF 2000 when handing over the consignment goods to REAWAKE, REAWAKE reserves the right to verify the authenticity of the consignment goods by Entrupy ( in addition to the detailed inspection by REAWAKE. If the authenticity can be verified by Entrupy and REAWAKE confirms this assessment, the consignment goods will be released for sale.

2. if the Commissioned Goods are sold, REAWAKE shall bear the costs of Entrupy's verification. If (i) Entrupy is unable to positively verify the Commissioned Goods ("unidentified") or (ii) the Commissioned Goods are not sold and the Commissioned Goods are collected by the Principal after the end of the Commission Agreement, REAWAKE shall invoice the Principal for the Entrupy Verification fee. The Entrupy Verification costs are as follows:

  • Review of Hermès Treasures: CHF 250.
  • Review of NON Hermès Treasures: CHF 150.

REAWAKE will provide the Entrupy Certificate of Authenticity to the principal by email after collection and payment of the inspection fee.

9. Implementation of the commission business

1. REAWAKE carries out the commission business in its own name for the account of the principal.

2. REAWAKE shall decide on the appropriate sales channel (on-site, Instagram, online store and other sales channels or a combination of marketing channels) at its own discretion based on its market expertise. REAWAKE's freedom of decision for on-site sales also includes the location of the on-site sale, which may differ from the drop-off point of the commission goods.

3. the principal shall be entitled to the shares of the gross sales proceeds recorded in the commission form, but certainly the amount as stated under "confirmed payment on sale" on the respective commission form.

4. the gross sales price agreed in the commission form is determined by the condition of the consignment goods at the time of delivery by the consignor. By handing over the consignment goods, the consignor grants REAWAKE permission to professionally refresh the consignment goods in the REAWAKE Atelier at REAWAKE's discretion and at REAWAKE's expense. If a higher gross sales price than the gross sales price specified in the commission form can be achieved as a result of the professional refurbishment in the REAWAKE workshop, this shall have no effect on the payment to the principal. The principal shall only ever be entitled to payment of the share of the proceeds based on the price set out in the commission form.

5 REAWAKE may purchase the Commissioned Goods at any time for the amount documented in the Commission Form "Guaranteed payout upon Sale". In this case, the purchase is made by documenting it in the commission form and sending it to the principal; payment of the share of the proceeds to the principal is made in the normal course of business. 

10. Ownership structure and transfer of ownership

1 REAWAKE acts as commission agent in its own name for the account of the principal and accordingly does not acquire ownership of the commission goods during the entire sales process. The principal therefore remains the owner of the goods during the entire sales process until a change of ownership takes place in accordance with §10 (2) below:

2. change of ownership: The change of ownership of the goods on commission shall take place exclusively as follows and the principal hereby expressly agrees to the change of ownership of the goods on commission if the conditions defined below are met:

  1. If the goods on consignment are purchased by a third party (REAWAKE customer) upon the cumulative existence of (i) booking of the order in the REAWAKE POS system and (ii) payment of the goods on consignment (receipt of money by REAWAKE);
  2. In the case of acquisition by REAWAKE after completion of the transaction as defined under § 9(5). 

3. the transfer of ownership of the goods on consignment is subject to the condition subsequent that a customer withdraws from the purchase of the goods on consignment in accordance with the "REAWAKE General Terms and Conditions of Purchase".

11. Liability

REAWAKE shall be liable in the event of a breach of its own obligations under these GTC and the contractual relationships based thereon for damages caused and proven by it through unlawful intent or gross negligence. Liability for slight and medium negligence as well as for indirect and consequential damages, whether based on contract, tort or any other reason, is expressly excluded. Indirect damages include, for example, loss of profit, financial loss, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairments or interruptions to the availability of REAWAKE's services. Furthermore, REAWAKE assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.

REAWAKE assumes no liability for theft of the consignment goods or damage to the consignment goods by third parties, except in cases of gross negligence and willful misconduct by REAWAKE.

The above exclusions and limitations of liability shall not apply in the event of culpable injury to life, limb or health directly caused by REAWAKE or in the event of mandatory statutory provisions.

Subject to the foregoing, the total liability under these GTC, regardless of the reason, and to the extent permitted by law, is limited to the amount as set out under "confirmed payment on sale" on the relevant commission form.

Event outside our sphere of influence

In the event of an event beyond our control and influence (so-called force majeure), REAWAKE assumes no liability or responsibility for the non-performance or delayed performance of any obligations under these GTC and the contractual relationship based thereon. An event beyond REAWAKE's control includes, for example, the following cases: 

strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor vehicle or other means of public or private transportation.

Should an event occur outside REAWAKE's sphere of influence that affects the fulfillment of our obligations under the contract, we will inform you as soon as possible.

12. Legal validity of the GTCs and the commission form

General Terms and Conditions Commission Sales:

By submitting the goods on consignment, the consignor confirms that they have been informed of the GTCs and have read, understood and accepted them. If these GTCs have been signed by the consignor (not a prerequisite for validity!), the consignor will receive a copy of the signed GTCs as a PDF by email. Provided they have been signed by the Principal, the GTCs shall also apply to future commission transactions with the same Principal as long as they remain essentially unchanged since the date of the Principal's initial signature, without the need for a new signature. In the event of material changes to these GTC, we will inform you accordingly and request a new signature. If the principal has not signed the GTCs, the GTCs documented on the REAWAKE website at documented General Terms and Conditions of Commission Sales. 

Commission form:

The commission form is generated automatically and is also valid without a signature. If objections and concerns are not reported within 24 hours of the electronic delivery of the form (the time of dispatch is decisive), the commission agreement becomes fully legally effective. By doing so, the principal also confirms that he/she has been informed of the GTC and has read and accepted them.

13. Data protection

The data required for business transactions will of course be treated confidentially. 

If the commission fee is paid by partner gift card at the Principal's discretion, the Principal agrees that REAWAKE may provide the personal data required for payment and delivery to the REAWAKE contractual partner.

14. Contact us

We attach great importance to customer satisfaction. We will endeavor to review your requests and complaints as quickly as possible and will contact you upon receipt of the documents or your submission or complaint. If you have any complaints or grievances, please help us by telling us the exact problem and, if necessary, providing a copy of the commission form or your commission customer ID, etc. We aim to respond to you within 3 working days.

Our contact details are as follows:


Brandschenkestrasse 43

8002 Zurich

Phone: +41 44 300 30 07

15. Severability clause

Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes in these GTC.

16. Applicable law and place of jurisdiction

These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by substantive Swiss law to the exclusion of the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). 

The place of jurisdiction for natural persons is REAWAKE's registered office or the domicile of the principal. For legal entities, the place of jurisdiction is exclusively the registered office of REAWAKE. 

These provisions shall only apply insofar as there are no mandatory provisions of the law of the country in which the consumer has his habitual residence which take precedence over these GTC.