This Agreement sets forth the understandings and expectations between Plus Size Pretty LLC hereinafter referred to as “Plus Size Pretty” and the party identified below hereinafter referred to as the “Consignor.” The agreement addresses all matters pertaining consignment structure, duration, payments and other conditions that are mutually expressed between the parties.
Consignor Identification: ___________________________________________________________
Consignment % due to Consignor: ______ Payment method: ___________________________
Effective Date: ____________________________________________________________________
Contract Ends: ____________________________________________________________________
Last Pick up Date (Mark this date on your calendar): ___________________________________
The Consignor hereby warrants, represents and attests that he/she/they is at least 18 years of age, is the owner of all goods consigned to Plus Size Pretty (the “Property”); and has the legal right to enter into this Consignment Agreement; that the goods are saleable and/or free & clear of liens, loans, legal proceedings, or other ownership encumbrances. The consignment period shall be 90 days.
A "Property Sale" shall be deemed to have occurred where an item of Property is sold by Plus Size Pretty and not returned within the period specified in Plus Size Pretty’s Return Policy; lost or stolen from Plus Size Pretty’s inventory; damaged or destroyed while in Plus Size Pretty’s possession. Title to and ownership of the Property will remain with Consignor until a Property Sale occurs or items expire at 104 days.
Plus Size Pretty reserves the right to determine the actual selling price of all Property. Plus Size Pretty may offer price reductions or discounts during the 90-day consignment period at its sole discretion and without notice to the consignor. Property may be regularly discounted according to the following markdown schedule:
Standard reductions will be up to 15% if Property sells between 31 and 60 days, and up to 25% if Property is sold between 61 and 90 days. Property not selling within 90 days will be removed from consignor’s inventory, and Plus Size Pretty will attempt to contact the consignor by phone and/or email to pick up the Property. Ultimately, it is the Consignor's responsibility to know the Property expiration date.
Consignor acknowledges that Plus Size Pretty is not a certified appraiser of used apparel, jewelry, and/or accessories. Every effort will be made to fairly price and profitably consign Property based on a number of factors including age, condition, quality, quantity, brand name, and market prices for comparable merchandise.
Plus Size Pretty reserves the right to attempt to sell any Property through any internet or in-store source. Any and all proceeds above the store tag price shall be added to the proceeds of Plus Size Pretty. The consignor agrees that they are not due any additional portion of proceeds above the store tag price. Property sold on the internet shall not be sold below the store tag price (or below the discounted price after 30 days).
Consignor agrees that any Property consigned to Plus Size Pretty may be displayed whenever and wherever Plus Size Pretty chooses. Consignor acknowledges that Plus Size Pretty will have a monetary investment in time, space, and advertising in selling consignors Property. Consignor agrees not to remove consigned Property prior to the end of the 90-day consignment period. If consigned Property is removed prior to the end of the consignment period, the consignee agrees to pay Plus Size Pretty a fee of 25% of the asking sale price of the consigned Property plus any additional costs incurred by the consignment.
Consignors will be paid after their Property has sold. Payment will generally be made by the 15th of each month for the previous month’s sales for balances over $20. Payments will be paid to Consignor via a pre-approved method or used at any time for Plus Size Pretty store credit. Payments not accepted by Consignor after three (3) months will be expired and forfeited. In the event of any dispute between the Parties, payment will not be paid until such dispute is resolved.
Consignor acknowledges that Plus Size Pretty maintains general liability insurance coverage only. All reasonable care will be taken to ensure the safety of Property consigned with Plus Size Pretty; however, Property are left at the consignor’s risk. Consignor acknowledges that Plus Size Pretty is open to the public, and Plus Size Pretty is not responsible for any loss due to damage, theft, fire, water, casualty or natural disaster.
It is the responsibility of the consignor to notify Plus Size Pretty of any change of contact telephone number or address.
All consignment Property must be clean, in displayable condition, and ready for immediate resale. Plus Size Pretty may charge a fee up to $30 if Property requires additional cleaning or repair. The cost of this work, if necessary, will be deducted from the consignor’s portion of the sale proceeds.
Although we cannot guarantee that each Property item will sell, Plus Size Pretty will make every effort to correctly price each Property item and sell each Property item consigned within the consignment period. It is the responsibility of the consignor to know when the consignment period expires. Upon. expiration of the consignment period, the consignor has fourteen (14) calendar days to pick up any unsold Property. Property may only be picked at a time agreed upon by Plus Size Pretty and Consignor.
You must notify us at least three (3) calendar days in advance that you are coming to retrieve your unsold Property. We need this time to pull your Property and have them ready for you to pick up. If you do not provide advance notice, you will not be able to pick up your Property.
Unless prior arrangements have been made and agreed upon in writing by both the consignor and Plus Size Pretty any Property left for more than fourteen (14) calendar days after the end date (SEE LAST PICKUP DATE ABOVE) of the consignment period will be considered abandoned and become the sole property of Plus Size Pretty and may be disposed of or donated to any person or charity of choice. After 104 days from the consigned date, Plus Size Pretty has NO FURTHER OBLIGATION TO THE CONSIGNOR for account inquiries, accounting information, or contract settlements.
Consignor may not assign, transfer, or delegate any of its rights under this Agreement without Plus Size Pretty’s prior written consent. Any prohibited assignment shall be void.
NO PROPERTY WARRANTIES
Plus Size Pretty does not make any representation or warranty, expressed or implied about any item of Property, except to the extent a warranty is required by law and cannot be disclaimed. In no event shall Plus Size Pretty’s liability exceed the actual amount received for selling consignor’s Property.
Consignor hereby agrees to indemnify and hold Plus Size Pretty harmless from all damages, suits, litigation, awards, and costs, including but not limited to attorneys' fees and costs, as a result of or arising out of in any way Plus Size Pretty display or sale of the Property for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation.
CHOICE OF LAW AND FORUM
This Agreement, including all exhibits, schedules, attachments and appendices attached to this Agreement and thereto, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of Ohio, without regard to the conflict of laws provisions. Each Party irrevocably submits to the exclusive personal jurisdiction of the federal and state courts located in Franklin County, Ohio, as applicable, for any matter arising out of or relating to this Agreement.
This Agreement, including and together with any related exhibits, schedules, attachments and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
No waiver by any party of any of the provisions of this Agreement will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify this Agreement to affect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provision or general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a Party will survive the expiration or termination of this Agreement.
As the Consignor, I agree to the above terms and conditions of this Consignment Agreement.