General terms and conditions commission sale
GTCs Commission Sales
Status October 1, 2026
In the event of any discrepancy between this English version of the GTC Consignment 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, 8002 Zurich, 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 ("Consignment Goods") with REAWAKE.
Individual agreements concluded shall take precedence over these GTC. Conflicting terms and conditions of the Principal shall not be recognized.
Goodwill and exercise of rights: If REAWAKE waives the charging of a fee or a deduction in an individual case, grants a deadline, an extension of a deadline or any other concession, or does not exercise a right under these GTC, or does not exercise it in full or in due time, this shall be done voluntarily and exclusively for the individual case concerned. Neither a claim for future cases nor a waiver of the right concerned may be derived therefrom; goodwill granted, even repeatedly, shall not establish any practice or any amendment to these GTC. Goodwill already granted shall not be revoked retroactively. Binding deviations from these GTC require REAWAKE's express confirmation in text form.
In the event of relevant changes, REAWAKE will arrange for the updated GTC to be signed again.
Please read these GTC 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 Consignment Goods to REAWAKE for sale and assures, by accepting these General Terms and Conditions, that the Consignment Goods are her unrestricted property and free from third-party rights.
(3) After the expiry of the commission period, REAWAKE shall take the Consignment Goods into custody for 30 days in accordance with the following provision of § 3 (2).
§ 3 Duration of commission agreement, ordinary termination of contract and collection period
(1) The commission agreement begins with the delivery of the Consignment Goods to REAWAKE. The commission period of 90 days starts with the inclusion in REAWAKE's ERP system (= completion of the processing of the Consignment 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 Consignment Goods in safekeeping for a period of 30 days (safekeeping agreement). The Principal is obliged to collect unsold Consignment
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, ownership of the items shall transfer to REAWAKE without the Principal receiving any financial compensation or being informed thereof, and the commission agreement shall terminate. If, after expiry of the safekeeping agreement, the Consignment Goods remain in the ownership and possession of REAWAKE (the Principal has no claim whatsoever thereto), REAWAKE shall release them to the Principal against payment of CHF 250.– per consignment item ("Late Collection Fee"). Collection is only possible by prior appointment.
(4) The commission agreement shall terminate upon the occurrence of any of the following events:
a) upon the transfer of ownership of the Consignment Goods to a third party pursuant to § 10 (2);
b) upon the transfer of ownership of the Consignment Goods to REAWAKE pursuant to § 9 (5);
c) upon expiry of the safekeeping period pursuant to § 3 (2) and transfer of ownership to REAWAKE pursuant to § 3 (3);
d) upon collection of the Consignment Goods by the Principal;
e) upon an effective early termination pursuant to § 4.
§ 4 Early pick-up
(1) Reclaiming the Consignment Goods before completion of processing
If the Principal requests the return of the Consignment Goods after their delivery to REAWAKE, but before completion of processing (in particular transport, registration in the ERP system, quality or authenticity check), REAWAKE shall charge a flat-rate expense and risk fee of CHF 50.– per consignment item ("Return Fee"). The Return Fee covers in particular transport, insurance, logistics and administrative expenses.
(2) Early termination after completion of processing during the commission period
After completion of processing and during the ongoing commission period, the Principal may terminate the commission agreement prematurely, provided that the Consignment Goods have not yet been sold, acquired by REAWAKE pursuant to § 9 (5) or reserved. In such case, REAWAKE shall charge a flat-rate compensation for expenses amounting to 10 % of the determined sales price, but at least CHF 250.– per reclaimed item ("Early Termination Fee"). The relevant price is the sales price applicable at the time of termination as marked on the Consignment Goods. The effectiveness of the termination is subject to the condition precedent of payment of the Early Termination Fee.
§ 5 Condition of the Consignment Goods / authenticity
(1) The Consignment Goods must be clean, functional and free from defects that impair their function. Obvious or knowingly existing defects must be reported by the Principal upon handover. REAWAKE is entitled to carry out the cleaning or preparation required to establish saleability and to charge the Cleaning Fee pursuant to § 9 (7) for this purpose.
(2) By delivering the Consignment Goods, the Principal assures that the consigned items – as defined in the Commission Form – are authentic. Authentic in this sense means that the Consignment Goods originate from the brand/label as they are labeled and that they are neither a plagiarism nor an imitation (replica). As the owner of the Consignment Goods, 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. Furthermore, the Principal undertakes to state if a consignment item was not purchased directly from the respective label or not at first hand.
§ 6 Pricing
(1) If, upon delivery of the Consignment Goods, the Principal does not express any expectations regarding the minimum payout to be obtained for her by REAWAKE from the sale of the Consignment Goods, the Consignment Goods shall be released for sale at the sales price determined 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 gross sales price is determined by REAWAKE and is not disclosed to the Principal in the Commission Form. The Commission Form shows the Principal the "confirmed payout upon sale" and, after a sale has taken place, the sales price effectively achieved. From release for sale onwards, the listed sales price is marked on the Consignment Goods and visible in the respective sales channel. The Commission Form is sent to the Principal by email for information purposes. The Consignment Goods may be withdrawn within 24 hours of receipt of the email with the attached completed Commission Form for information (date of dispatch is decisive) against a compensation for expenses of CHF 100.– per consignment item ("Return Fee after Price Determination"), provided that they have not been sold or reserved by then.
(2) If, upon delivery of the Consignment Goods, the Principal states a minimum payout amount to be obtained for her by REAWAKE, this shall be discussed and documented accordingly on the Commission Form:
If the sales price determined by REAWAKE meets or exceeds the Principal's documented request regarding the minimum payout (determined in accordance with the revenue sharing scale pursuant to § 9 (3)), the Consignment Goods shall be released for sale without consultation with the Principal. The Commission Form is sent to the Principal by email for information purposes.
If the price determined by REAWAKE results in the documented minimum payout to the Principal not being reached, REAWAKE will consult with the Principal. If the Principal and REAWAKE are unable to agree on a sales price, or if three attempts to make contact are unsuccessful and the commission agent is unable to reach the Principal, the Principal must collect the Consignment 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 provision on early pick-up (§ 4) shall apply accordingly.
(3) REAWAKE shall always endeavor to achieve the best possible fair sales price for the Consignment 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, fall below an agreed minimum payout ("confirmed payout upon sale"); the deduction of a Cleaning Fee pursuant to § 9 (7) remains reserved.
§ 7 Return after acceptance
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 Commission Form and the Principal is requested to collect the respective 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 Principal cannot present 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, in addition to the detailed inspection by REAWAKE, through Entrupy (https://www.entrupy.com). If authenticity can be established by Entrupy and REAWAKE confirms this assessment, the Consignment Goods will be released for sale.
(2) If the Consignment Goods are sold, REAWAKE shall bear the costs of the Entrupy verification. If (i) Entrupy is unable to verify the Consignment Goods positively ("unidentified") or (ii) the Consignment Goods are not sold and 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:
Verification of Hermès Treasures: CHF 250.– ("Entrupy Fee Hermès")
Verification of NON-Hermès Treasures: CHF 150.– ("Entrupy Fee Non-Hermès")
After collection and payment of the verification fee, REAWAKE will provide the Principal with the Entrupy certificate of authenticity by email.
§ 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 decides on the appropriate sales channel (on-site, Instagram, online store as well as other sales channels or a combination of marketing channels) at its dutiful discretion on the basis of 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 location of the Consignment Goods.
(3) The Principal is entitled to the shares of the gross sales proceeds recorded in the Commission Form, but in any case to the amount stated as "confirmed payout upon sale" on the respective Commission Form ("commission"); § 9 (7) remains reserved. The Principal's share of the proceeds is calculated on the gross sales price. Any value added tax arising on the sale shall be borne by REAWAKE and shall not be deducted from the payout amount.
(4) The gross sales price agreed in the Commission Form is determined by the condition of the Consignment Goods upon delivery by the Principal. By delivering the Consignment Goods, the Principal grants REAWAKE permission to professionally refresh the Consignment Goods in the REAWAKE Atelier at REAWAKE's free discretion and at REAWAKE's expense ("Refurbishment"). If, as a result of the professional Refurbishment in the REAWAKE Atelier, a higher gross sales price than the originally determined gross sales price can be achieved, this shall have no effect on the payout to the Principal. The Principal shall at all times only be entitled to payment of the amount documented in the Commission Form as "confirmed payout upon sale". The costs of the Refurbishment shall in any event be borne by REAWAKE; they shall neither be invoiced to the Principal nor deducted from the payout amount. Mere cleaning or preparation required to establish the saleability of the Consignment Goods shall not qualify as Refurbishment within the meaning of this provision; § 9 (7) applies exclusively to such measures.
(5) Self-purchase by REAWAKE (Selbsteintritt). REAWAKE is entitled to acquire the Consignment Goods itself at any time during the term of the commission agreement – including during the safekeeping period pursuant to § 3 (2) – without stating reasons ("Self-Purchase"). The acquisition price corresponds to the amount documented in the Commission Form as "confirmed payout upon sale". Any Cleaning Fee pursuant to § 9 (7) shall be deducted. REAWAKE documents the Self-Purchase in the Commission Form and notifies the Principal thereof by email ("Payout Notification"). Ownership of the Consignment Goods passes to REAWAKE upon the occurrence of (i) receipt of the Payout Notification by the Principal or (ii) initiation of the payout by REAWAKE; the Principal hereby expressly consents to this transfer of ownership. From that point onwards, the Principal has no right of consent, objection or reclamation. The payout is made in the normal course of business.
(6) If the Consignment Goods are sold after expiry of the commission period pursuant to § 3, in particular within the framework of a goodwill arrangement or upon renewed release by the Principal, the payout shall be determined on the basis of the gross sales price effectively achieved in accordance with the revenue sharing scale pursuant to § 9 (3), but shall not exceed the amount documented in the Commission Form as "confirmed payout upon sale". The "confirmed payout upon sale" documented in the Commission Form
applies as a minimum payout only to sales within the commission period and to the Self-Purchase pursuant to § 9 (5). For sales after expiry of the commission period, it acts exclusively as a maximum amount and not as a minimum payout: if the share of the proceeds pursuant to § 9 (3) falls below this amount, the lower share of the proceeds is paid out; if it exceeds this amount, no more than the amount "confirmed payout upon sale" is paid out.
If, at that time, ownership of the Consignment Goods has already passed to REAWAKE pursuant to § 3 (3) or § 7, the Principal has no claim to any payout; any payout in accordance with the preceding paragraph is made voluntarily on a goodwill basis in such case and does not establish any claim for future cases.
(7) Cleaning Fee. If, in REAWAKE's assessment, cleaning or preparation is required in order to establish the saleability of the Consignment Goods, REAWAKE is entitled, at its dutiful discretion, to charge a flat-rate cleaning fee per consignment item:
CHF 10.– for simple cleaning ("Cleaning Fee Light");
CHF 30.– for extensive cleaning or preparation ("Cleaning Fee Advanced").
The Cleaning Fee is stated in the Commission Form or in the sales statement and is deducted from the payout amount in the event of a sale as well as in the event of a Self-Purchase pursuant to § 9 (5). It also reduces the amount "confirmed payout upon sale". No Cleaning Fee is charged for the professional Refurbishment in the REAWAKE Atelier pursuant to § 9 (4); its costs are borne by REAWAKE. If REAWAKE waives the charging of the Cleaning Fee in an individual case, this is done voluntarily and does not establish any claim for future cases; § 1 remains reserved.
§ 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 Consignment 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 Consignment Goods shall take place exclusively as follows, and the Principal hereby expressly agrees to the change of ownership of the Consignment Goods upon the conditions defined below being met:
a) upon acquisition of the Consignment Goods 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 Consignment Goods (receipt of funds by REAWAKE);
b) upon the Self-Purchase by REAWAKE pursuant to § 9 (5), upon the occurrence of (i) receipt of the Payout Notification by the Principal or (ii) initiation of the payout by REAWAKE;
c) upon expiry of the safekeeping period pursuant to § 3 (2) in accordance with § 3 (3) as well as upon expiry of the period pursuant to § 7.
(3) The transfer of ownership of the Consignment Goods is subject to the condition subsequent that a customer withdraws from the purchase of the Consignment Goods as permitted under the "REAWAKE GTC Purchase". The transfer of ownership as a result of a Self-Purchase pursuant to § 9 (5) is not subject to any condition subsequent.
§ 11 Liability
(1) 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 by it through unlawful intent or gross negligence and proven. 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.
(2) 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 stated as "confirmed payout upon sale" on the respective Commission Form.
(3) All claims of the Principal arising out of or in connection with the commission agreement shall become time-barred within 12 months after termination of the respective commission agreement. This shall not apply to claims based on intentional misconduct or claims arising from injury to life, body or health, for which the statutory limitation periods shall apply.
(4) 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 sphere of influence exists, for example, in 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 at the earliest possible time.
§ 12 Legal validity of the GTC and the Commission Form
(1) GTC Consignment Sales:
By delivering the Consignment Goods, the Principal confirms that she has been informed of the GTC and has read, understood and accepted them. If these GTC have been signed by the Principal (not a prerequisite for validity!), she will receive a copy of the signed GTC as a PDF by email. Provided they have been signed by the Principal, the GTC shall also apply to future commission transactions with the same Principal for 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 GTC, the GTC Consignment Sales documented on REAWAKE's website at https://www.reawake.ch/pages/agbs-kommissions-verkauf as at the date of delivery of the Consignment Goods shall apply.
(2) Commission Form:
The Commission Form is generated automatically and is also valid without a signature. The electronic provision of the Commission Form in a personal customer area (login) of REAWAKE shall also qualify as a Commission Form. Electronic delivery within the meaning of these GTC shall include both dispatch by email and provision in the customer area combined with a notification to the email address provided by the Principal; the time of dispatch of the email or of the notification is decisive for the commencement of periods. 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 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 out by partner gift card at the Principal's choice, the Principal consents to REAWAKE providing the personal data required for issuance and delivery to REAWAKE's contractual partner.
§ 14 Contact
We attach great importance to customer satisfaction. We 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, where applicable, 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:
REAWAKE AG
Brandschenkestrasse 43
8002 Zurich
info@reawake.ch
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, as far as possible, the economic purpose of the provision and the intention of the parties at the time the contract was concluded. The same applies to any gaps 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 of 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 REAWAKE's registered office.
These provisions shall only apply insofar as there are no mandatory provisions of the law of the country in which the consumer has his or her habitual residence which take precedence over these GTC.