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Sell My Dress
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Sell My Dress
Schedule An Appointment
Sell My Dress
Schedule An Appointment
THIS CONSIGNMENT AGREEMENT ("Agreement") is entered into by (“Consignor”):
and FabFormals ("Consignee"), located at 242 E Main St Shelbyville, IL 62565 (“Premises”).
Consignor email is:
Consignor mobile phone number:
Address Line 2
District of Columbia
Armed Forces Americas
Armed Forces Europe
Armed Forces Pacific
Total number of dresses:
AGREEMENT TO SELL
In accordance with this Agreement, Consignor grants Consignee an exclusive right to display and sell the mutually agreed upon item(s), pursuant to the terms of this Agreement.
Consignee agrees to place on display the mutually agreed upon item(s) in a prominent area, as determined by Consignee, within the Premises.
The sale price of all items and terms of said sale shall be determined by Consignor.
PROCEEDS AND TERMS OF SALES
Consignee, shall be entitled to retain 30% of all proceeds from the sale of each item consigned.
Consignor shall be paid 70% of the sale price, not to include any applicable sale tax charged. Payment shall be made by Consignee to Consignor on or before the 30th of the month in which the sale occurred, for sale of their item(s) during that particular month.
Both Consignee and Consignor agree that payments shall be made in the form of cash, check, credit, or debit card.
Consignee agrees to maintain the agreed upon selling price for each item consigned and will accept nothing less unless otherwise agreed upon in writing and signed by both the Consignee and Consignor.
Consignee shall maintain insurance for the Premises and all contents thereof against any damage or theft that may occur to any item(s) left with Consignee to sell.
Consignee shall retain possession and control of the consigned merchandise for a minimum period of 60 days, beginning on the date the Agreement was signed by both the Consignee and Consignor.
Prior to or upon delivery of the merchandise, Consignor shall provide a complete and accurate inventory list of the merchandise item(s) that are consigned to be sold. This list must include a description of each item, the agreed upon price of each item, and it must be signed by both Consignor and Consignee upon acceptance.
Consignee shall only accept clean, quality merchandise in good condition. The quality of the items shall be determined solely by Consignee.
All consigned merchandise shall remain on the Premises and shall not be moved to another location without prior written notice to Consignor.
In the event that Consignor decides to remove the merchandise, Consignor shall assume all responsibility for retrieving and removing the unsold merchandise or arrange for the pick-up and all costs associated with said removal of merchandise.
In the event that Consignor does not resubmit an updated seller’s application or arrange for their merchandise to be retrieved within 60 days of the signing of this Agreement, Consignor’s merchandise will then become sole property of the Consignee.
The Consignor is to be held responsible for all shipping costs upon delivery and retrieval in the event that shipping merchandise is necessary.
Consignee shall maintain all records of consignments and ensure accurate record keeping of each item, quantity and what was sold. Consignor shall have the right to inspect all records related to Consignor’s account only.
Consignor shall retain ownership of any and all consigned merchandise until such time as the merchandise is sold.
BREACH OF AGREEMENT
In the event that Consignee fails to perform and/or adhere to the terms and obligations contained herein this Agreement, Consignor may cancel this Agreement by providing written notice to the Consignee.
TERMINATION OF CONSIGNMENT AGREEMENT
Consignee may terminate this Agreement at any time and for any reason by providing a written notice and by returning to Consignor all the unsold merchandise that is the subject of this Agreement. Consignor may terminate this Agreement at any time and for any reason by providing an advance written notice. Said termination shall not affect the agreement regarding items of merchandise already sold. The expense of delivery to Consignor of any unsold merchandise shall be the responsibility of the party terminating this Agreement.
Consignee shall maintain the exclusive right to determine the business operation and management of the Premises. Consignor shall have no liability or responsibility for the operation and management of Consignee's business, employees, staff, officers or agents or any torts or other causes of action that may result from daily operation of business, and Consignee agrees to defend, indemnify and hold harmless Consignor for same.
LIABILITY FOR LOSS, DAMAGE OR THEFT OF CONSIGNED MERCHANDISE
In the event that the consigned merchandise is lost, stolen, destroyed, or damaged due to any cause, known or unknown the Consignee is not responsible. While in Consignee’s possession, each item consigned, that is lost or unaccounted for, shall be considered as having been sold. Consignee shall pay unto Consignor the amount agreed herein as if the lost merchandise had been sold and that amount shall be paid no later than 30 days following the loss of the merchandise.
ARBITRATION/MEDIATION DISPUTE RESOLUTION
Consignee and Consignor both agree that should any dispute arise through any aspect of this relationship, including, but not limited to, any matters, disputes or claims, the parties shall confer in good faith to promptly resolve any dispute. In the event that the parties are unable to resolve the issue or dispute between them, then the matter shall be mediated and/or arbitrated in an attempt to resolve any and all issues between the parties. The parties agree that any claim or dispute that arises from for through this agreement, the relationship or obligations contemplated or outlined within this agreement, if not resolved through mediation, shall then go to and be resolved through final and binding arbitration. Any decision reached by the Arbitrator shall be final and binding and, if required, may be entered as a judgment in any court having jurisdiction. This Agreement shall be interpreted and governed by and in accordance with the Federal Arbitration Act 9 U.S.C. §1-16.
In the event that any provision of this Agreement shall be deemed to be severable or invalid, and if any term, condition, phrase or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of the Agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this Agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
This Agreement constitutes the entire understanding of both Consignee and Consignor pertaining to all matters contemplated hereunder at this time. The parties signing this Agreement desire or intend that any contract or other agreement entered into between the parties subsequent hereto shall supersede and preempt any conflicting provision of this Agreement whether written or oral.
Neither Consignee no Consignor shall make any guarantee or warranties in relation to any sale, use or transfer of the merchandise by the other party or any third party acting on behalf of Consignee or Consignor.
This Agreement is not assignable and may not be modified other than by a written modification agreed to and signed by both Consignee and Consignor.
This Agreement shall be construed and governed in accordance with the laws of the State of Illinois.
Consignee and Consignor agree that instances or patterns of wavier, forbearance, course of dealing or trade usage shall not affect the right of either party to demand performance of any term or condition contained within this Agreement.
By checking this box, and clicking "accept" Consignor hereby accepts and agrees to all terms and conditions herein.
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