Divine Consign Consignment Agreement
Divine Consign Consignment Agreement
This Consignment Agreement ("Agreement) is entered into by and between Gifts For Our Community, a Washington nonprofit corporation doing business as Divine Consign ("Divine Consign"') and the person identified on the attached Signature Page ("Consignor") for the resale of goods listed on the attached Signature Page ("items").
- APPRAISAL / APPROVAL
The sale price of all consigned items shall be determined by Divine Consign based on age, condition, original price, customer preferences, and other factors. If an item is appraised at a value of $30 or more, Divine Consign will contact the Consignor to confirm price. Divine Consign will not seek approval of appraised prices under $30. Divine Consign may refuse to sell items at our discretion. Divine Consign will notify Consignor of any refused items and Consignor must retrieve the items within 48 hours, otherwise the items will be donated or disposed.
- PRICING AND CONSIGNMENT PERIOD
Divine Consign will display items for sale during the 90-day consignment period beginning on the day the items are made available for sale. The price of any item not sold within 45 days of the beginning of the consignment period will be reduced by 15%. Divine Consign will notify Consignor if an item with an appraised value of $30 or more remains unsold at the end of the consignment period. Upon such notice, Consignor may choose to donate or reclaim unsold items. Reclaimed items must be retrieved within 48 hours of notice to Consignor. Any items unclaimed, donated, or not retrieved within 48 hours of such notice will become property of Divine Consign. Unsold items appraised at less than $30 will be donated or disposed without an option to reclaim. Donation forms available upon request.
- TITLE TO ITEMS / LOSS
Title and ownership of items remain with Consignor unless the items are sold or become property of Divine Consign pursuant to Section 2. Consignor represents and warrants that it is the sole owner of the consigned items and said items are free and clear of any liens or encumbrances. This representation amounts to a warranty of title from the Consignor to Divine Consign and Divine Consign's customers. Divine Consign is not responsible for loss or damage to consigned items from fire, water, theft, damage, or other casualty. All items are left with Divine Consign at the sole risk of Consignor. Divine Consign's insurance policy does not cover loss of or damages to items.
- EXCLUSIVITY AND PAYMENT
Divine Consign has the exclusive right to sell the items. Consignor may not market or sell items through any other platform, store, or marketplace during the consignment period. If Divine Consign sells an item, Consignor is entitled to receive 50% of the sale price of the item less 1.5% WA State Service Tax. The sale price is the price marked on the item on the day the item is sold. Divine Consign retains the remaining 50% of the sale price. Consignors will receive payment for all items sold on the 5th of each month. Checks will not be written for amounts under $20. That $20 is available as store credit until $20 is reached.
- GENERAL PROVISIONS
Each party giving notice required by this Agreement shall give said notice by calling the other party at the phone number and/or the email address provided on the Signature Page. This Agreement shall be governed by the laws of the State of Washington. Any action, suit, or proceeding arising under this Agreement will be litigated in courts located in Clark County, Washington. Each party consents and submits to jurisdiction of any local state or federal court located in Clark County, Washington. This Agreement, including all recitals, exhibits, and schedules, sets forth the entire understanding of the parties, supersedes all other agreements, and it may not be changed except by a written document signed by both parties hereto. If any provision hereof is determined to be illegal or unenforceable, such illegality or unenforceability will not affect the validity or enforceability of the other provisions of this Agreement.
5.LIMITATION OF DAMAGES
If Divine Consign is held liable for any breach of contract or breach of duty or tort claimed filed by consignor, damages shall be limited to no more than total payment consignor is entitled to under this agreement. Consignor shall not be whatsoever entitled to further compensatory, consequential, punitive or special damages.
6.WEBSITE CONSIGNOR LOG-IN
Go to website: divineconsignfuriture.org and click consignor log-in. Enter your email address in both user and password lines. System will prompt to validate your account via your email. Reset your password. Please call 360-695-6443 if you have questions.