How to Sell
CHOOSE WHAT YOU’D LIKE TO SELL
We accept vintage and antique items (manufactured before the year 2000) from the following categories*:
- Women's Handbags & Accessories
- Men's Bags & Accessories
- Luggage & Travel Accessories
- Home Décor and Miscellaneous Antiques
GET IN TOUCH
Please e-mail email@example.com
with a photo of your item(s). If you are located in NYC, an in-person appointment can be scheduled at our Madison Avenue Flagship.
Our authentication team will review your item(s) and determine a selling price based on era, condition, and market value. It is our discretion on whether to purchase your bag, and we reserve the right to not purchase the bag you are offering for any reason.
- If we commit to purchasing, you have the choice to receive 35% of the selling price we set in cash or 55% of the selling price we determine as a credit to Mark Cross stores.
WAYS TO GET YOUR ITEM TO US
- Ship your items directly to us with a free, prepaid Fed Ex label.
- Make an appointment at our NYC office for a valuation and drop-off. E-mail firstname.lastname@example.org
- Once we receive your item(s), we will process payment. Choose to be paid by direct deposit or site credit.
OWNERSHIP OF THE ITEM(S)
- Once we have sent payment to you for your item(s), you are no longer the owner of the item(s) and the item(s) belong to Mark Cross Leathergoods LLC.
LEGAL TERMS OF SALE
1. Offer to Sell.
Your contact with Mark Cross is an offer to sell your Item, under these Terms of Sale, all of the Items listed in your initial contact with Mark Cross (an “Offer”). All Offers must be accepted by Mark Cross in writing or Mark Cross will not be obligated to purchase the Items from you. We may choose not to purchase your Items even after we send you a confirmation email. Acceptance of all Offers is subject to verification of authenticity of the Items by Mark Cross in its sole discretion. Mark Cross reserves the right to reject or return any Item that you send to us for any reason. You are responsible for ensuring the authenticity of all Items you provide to us. If Mark Cross cannot confirm the authenticity of any Item you have provided, Mark Cross shall have the right in its sole discretion to refuse to accept the Item.
You are responsible for all risk of loss or damage to the Items until Mark Cross takes physical possession of the Items and provides you with written confirmation that Mark Cross has authenticated the Items. Mark Cross is not responsible if any Item that you send to us is damages, lost, or stolen while in transit or in Mark Cross’s possession prior to sending you written confirmation of authentication.
Upon receipt of your Items and subject to verification of authenticity, Mark Cross will determine a retail sales price in its sole discretion (“Price”). Once a Price is determined, Mark Cross will send you an offer to purchase (“Purchase Offer”) the Item(s) for either (a) thirty-five percent (35%) of the Price in cash; or (b) fifty five percent of the Price in Mark Cross store credit. You will have [INSERT NUMBER] (#) of days to accept or reject the Purchase Offer (“Acceptance Period”). If you do not accept the Purchase Offer, Mark Cross will return the Items to you at your sole cost and expense.
Once you accept the Purchase Offer in writing, Mark Cross will process payment within sixty (60) days of receipt of your acceptance in writing. Payments will be made to you by physical check, direct deposit or, if you elect another payment method acceptable to Mark Cross, by such payment method. Store Credit will be issued in the form of a stored value card, digital code, or other form as determined by Mark Cross in its sole discretion.
Once you accept the Purchase Offer in writing, you hereby irrevocably transfer all right, title, and interest in and to the Items to Mark Cross.
6. No Returns.
Once you send your Items to Mark Cross and you have accepted the Purchase Offer in writing, Mark Cross will not return your Items for any reason or under any circumstance. ALL ITEMS ARE NON-RETURNABLE OR REFUNDABLE.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR SALE OF ITEMS TO MARK CROSS IS AT YOUR SOLE RISK. MARK CROSS’S VINTAGE PURCHASE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARK CROSS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. MARK CROSS MAKES NO WARRANTY THAT
(A) MARK CROSS’S SERVICES WILL MEET YOUR REQUIREMENTS OR
(B) MARK CROSS’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM MARK CROSS OR THROUGH OR FROM THE SITE OR MARK CROSS’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
MARK CROSS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES (EVEN IF MARK CROSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(A) THE USE OR THE INABILITY TO USE MARK CROSS’S SERVICES OR THE SITE;
(B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR
(D) ANY OTHER MATTER RELATING TO MARK CROSS’S SERVICES OR THIS AGREEMENT.
IN NO EVENT WILL MARK CROSS’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT IT PAID YOU FOR THE ITEMS PURCHASED HEREUNDER.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF MARK CROSS’S BUSINESS, AND MARK CROSS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.
PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT AND THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
8. Representations, Warranties, and Indemnification.
You hereby represent and warrant that
(a) you have good and marketable title to each Item and have the right to sell the Items;
(b) no Item is subject to any liens or other encumbrances;
(c) the Items do not include counterfeit goods; and
(d) the Items do not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.
You hereby indemnify and hold Mark Cross harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by Mark Cross as a result of or arising in any way out of Mark Cross’s display or sale of the Items, including but not limited to, civil or criminal suits over authenticity or ownership of Items, legality of sales, or copyright or trademark infringement. You expressly consent to jurisdiction of a federal or state court located in the County of New York, Borough of Manhattan with respect to any matter arising under this Agreement.
This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between you and Mark Cross, whether tort, contract, or statutory, shall be governed by the laws of New York, without regard to its conflicts of laws principles.
9. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Dispute Resolution and Binding Arbitration.
a. YOU AND MARK CROSS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
b. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 10. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
c. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MARK CROSS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
d. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
11. No Waivers.
The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Mark Cross.
Mark Cross reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these Terms of Sale, in whole or in part, at any time without further notice. For changes to these Terms of Sale that we deem material, we may place a notice on www.MarkCross.com by revising the link on the homepage to read substantially as “Updated Terms Sale” for an amount of time that we determine in our discretion. If you access or use the Site in any way after the Terms of Sale have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms of Sale will be available on www.MarkCross.com and will supersede all previous versions of these Terms of Sale.