Merchandise Consignment Terms and Conditions Disclosure:
The Consignment Contract binds the Merchandise Consignment Terms and Conditions listed herein, which is your agreement of these terms listed in this disclosure. Dina C’s Fab & Funky Consignment Boutique herein will be referred to as “Consignee”. The consignor will herein be referred to as a “Consignor” or “You”.
Condition of Acceptance:
Items for consignment are accepted in new or wearable conditions only. “Consignor” is to state if any items have been altered in any way including but not limited to: sizing (larger or smaller), altering appearance in any way, or any trim or hardware changes. “Consignee” will only accept items on hangers. No stains, odors, tears, or missing buttons. By consigning or leaving items for consideration the “Consignee” will notify “you” within 3 days of any returns which may include items deemed not in sellable condition. Items not accepted must be picked up within 1 week of consignment date. If items not picked up within 1 week, then “Consignee” assumes “Consignor” has abandoned the consigned items and said items will be donated to charity by the “Consignee”.
“You” acknowledge by signing the contract you guarantee that you are the rightful owner or you are acting on behalf of a person(s) who have given you authority to sell such items on their behalf. “Consignee” is an acting agent only behalf of “Consignor” and therefore not responsible for any damages, penalties, fines, fees or judgments for any issue arising due to the rights of the lawful owner of the merchandise being placed on consignment.
Authenticity of Merchandise:
Only original, authentic designer items are accepted. The “Consignor” acknowledges that none of the items consigned are counterfeit and the label, trademark insignia, logo, design, authenticity information or embossing are authentic to the prospective designer. Any items where is proved otherwise will have 1 week, upon notification, to pick up item(s) or Consignee has the right to donate the item(s).
Consignment period is 150 days from the day of consignment. A $50.00 early withdrawal fee per item will be levied should an item be requested back before the end of the first 90 days. “Consignee” reserves the right to return items anytime during or prior to the expiration of the consignment period.
Any items on consignment will not be listed for sale or sold privately by the “Consignor”. “Consignee” reserves the right to close the “Consignor’s” account if violated.
In the event a reserve price is requested, the reserve price will be in effect for the 1st 30 days of the consignment period. Thereafter, the reserve price will be reduced incrementally at the “Consignee’s” discretion. “Consignee” is authorized to discount 10% without consulting consignor should a purchaser request a discount. 15% if the item has been in inventory more than 60 days.
Payments/ Split Percentage:
The “Consignor” will receive 50% of the selling price of consigned item(s). The “Consignor” can receive up to 70% of the selling price of certain consigned items, such as but not limited to Chanel, Hermes, and other high valued items. Any percentage higher than 50% will be discussed between the “Consignor” and the “Consignee” and be noted into the consignment receipt.
Consignor checks are issued the 10th of the following month an item sells. Checks are mailed to the consignor or the consignor can request to pick their check up at the boutique during regular business hours. Effective August 1, 2022 there will be an administrative fee of $5.00 deducted per consignor check issued.
The “Consignor” agrees to contact consignee within 48 hours to request return of consigned item(s). A $50.00 early withdrawal fee per item will be assessed if requested within the first 90 days of the consigned period. A request must be made either in writing or via email. It is the responsibility of the “Consignor” to contact the “Consignee” by email or phone to schedule a pick up of unsold items at the end of the consignment period. Items not picked up within 7 days of notice will be donated to a local charity.
“Consignee” assures that due diligence is provided in protecting your property however Dina C’s Fab & Funky Consignment Boutique cannot assume liability for your property on consignment. The “Consignor” can list consigned items on their personal insurance policy. Liabilities that are not covered include but are not limited to theft, loss, damage, fire, water, or other damages. By consigning your items to “Consignee”, you release the “consignee” of any liabilities.
Use of Merchandise:
“Consignee” has the right to utilize any and all merchandise for photo, video, movie, television, and other productions while on consignment. Any person(s) using merchandise from Dina C’s for use in photo, video, movie, television, and other productions is fully financially responsible for any merchandise not returned in the same condition as it was borrowed in.
If a sold item has been determined and proven to be a counterfeit item, then the consignor agrees to indemnity Dina C’s of any damage that the “Consignee” may have or may perhaps assume including any and all legal fees, fines, judgments and settlements without limitation. The “Consignor” will also indemnify the “Consignee” for any damages incurred without limitation for any and all judgments, liens, fines and etc. in which the “Consignee” may be assessed for judgments relating to the rightful owner of property. Also, for any claims brought against ”Consignee” by the “Consignor” including legal fees if “Consignee” deemed not liable.
Update of Terms and Conditions:
The terms and conditions of this agreement may be updated at the discretion of the “Consignee” at any time. It is the responsibility of the “Consignor” to have the most up to date Terms and Conditions information.
Expiration of Contract and Terms:
“Consignor” may request account to be closed by requesting it in writing, in person or by phone. Fees may apply if closed within 3 months of the consignment date. A 96 hour notice is required to execute the request. “Consignee” reserves the right to close an account any time. “Consignor” must pick up returned items within 7 days of notification. All accounts closed are bound by the Terms and Conditions that were in effect at the time the account was effective.
Acceptance of Consignment Terms and Conditions:
By signing this contract, the “Consignor” understands and agrees to all the terms and conditions of this contract. By signing below the “Consignor” certifies and fully understands and agrees to the terms and conditions in the Merchandise Consignment Terms and Conditions Disclosure. “Consignor” also states that all information on this document is true and correct.
Date of Contract:
Signed in agreement,
Name: _______________________________________ Dated:_________________