consigner contract

a&bé bridal shop

Consignment Contract 

 

I, _____________________________ (name), the “Consignor”, and a&bé bridal shop, acknowledge and agree that the Consignor has provided a consigned dress that meets all requirements outlined below as of ______________ (date). The consigned dress is being placed for sale through a&bé's e-commerce website, under the terms and conditions of this agreement.

1. The Consignor agrees to the following requirements as to the condition,      shipping and authentication of any consigned dress:
  • In order to confirm an authentic sale, the dress must be accompanied by a receipt from the original purchase and must have proof that the Consignor, or relative of the Consignor, was the original purchaser.
  • Upon receiving the dress, a&bé will confirm the physical condition and authenticate the dress. This includes, but is not limited to: confirming the designer name, collection, style name or number, size label, designer label, care label, materials, year purchased, or original receipt. If a&bé has reason to believe that any part of the dress or purchasing receipt is counterfeit or inaccurate, a&bé has the right to hold the dress and report the Consignor to the appropriate authorities.
  • The Consignor is required to disclose any known defects in the submission form to a&bé and if necessary, discuss details of the condition with an a&bé specialist, before the listing is posted. All known defects must be documented in the submission form in order to pass inspection and be listed on shopaandbe.com. These defects include but are not limited to: stains, discoloration, holes, tears, missing buttons or hooks, loose buttons or hooks, broken zippers, pilling, fading, loose or unraveled beading or details, loose or torn hems, or torn seams. If defects are discovered by an a&bé specialist, that were not listed on the submission form, a&bé has the right to reduce the price of the dress or return the dress to the Consignor at the Consignor’s expense.
  • The dress must be professionally cleaned before entering a submission form to a&bé. If a&bé has reason to believe that the dress has not been professionally cleaned, a&bé reserves the right to return the dress to the Consignor at the Consignor’s expense.
  • The Consignor is required to bag and package all consigned items appropriately in order to protect the dress from damage during the shipping process to a&bé headquarters. This includes but is not limited to, placing the gown in a plastic bag or garment bag that will protect the dress from any dirt or water damage, include any additional packaging inside the box in order to protect the dress from the box itself (i.e. tissue paper, packing peanuts, etc.), select an appropriate size box that will not damage the dress, and thoroughly tape the box in order to minimize any damage or exposure during the shipping process. If requested, a&bé will provide the Consignor with a shipping consultation in order to make sure all packaging expectations are met.
  • The Consignor is responsible for covering the costs of shipping the merchandise to a&bé headquarters once the contract has been signed.
2. The Consignor agrees that the merchandise submitted to a&bé meets the following criteria:
  • To provide our bride with the most current and on-trend wedding dresses, a&bé will only accept dresses that were purchased within 3 years from the date of consignment. Exceptions may be made at the discretion of a&bé; if the item is in excellent condition (nearly new) and mimics current bridal trends.
  • a&bé has the right to decline the submission form based on style, designer, or any other factors that could affect the sellability of the dress.
  • a&bé will only consider dresses for consignment that had an original retail price of $1,200 or more (pre-tax).
  • a&bé will not accept one-of-a-kind, or custom made dresses that were not purchased from a retailer or verified bridal designer.
3. a&bé reserves the right to accept or decline merchandise based on what they believe to be deemed appropriate for the a&bé brand. “Appropriate” is defined as adhering to standards listed above in items one and two.

4. If a&bé approves the dress for listing, a&bé will determine the selling price of the consigned dress and will present the price to the Consignor in an email for final approval. a&bé aims to set approachable prices that are fair for both the Consignor and the buyer. Once the final price has been agreed upon by both parties and the contract has been signed, the merchandise then becomes eligible to be listed on shopaandbe.com. Once this contract has been signed the Consignor will then ship the dress to the a&bé e-commerce headquarters at 1607 Hennepin Ave, Minneapolis, Minnesota 55403. Merchandise will not be added to shopaandbe.com until a&bé has received and inspected the gown for final approval. Failure to ship the gown to headquarters after the contract has been signed within 2 weeks will result in the listing not being added to the site and deems the Consigner ineligible to consign through a&bé in the future. The listing will not be posted to the site until the headquarters has received and inspected the gown.

5. a&bé agrees to pay the Consignor 55% of the final sale price (excluding sales tax).

6. a&bé agrees to promote the sale of all dresses listed on the a&bé site through company initiated marketing efforts, managing the physical listing, and communicating with future customers. a&bé cannot guarantee the purchase of the consigned dress.

7. This consignment agreement is effective for a period of 150 days from the date the listing goes live on shopaandbe.com The consigned dress will remain at the original listed price for 120 days, at which point, a&bé reserves the right to mark the dress down 25% for the remaining 30 days. At this time, the Consignor reserves the right to remove the listing and end the consignment contract rather than discounting the dress for the final 30 days of the 150 day period. Written notice of the decision of the Consignor to remove the listing at 120 days must be received at least 24 hours in advance of the 120 mark.

8. At the end of the contracted consignment period, the Consignor will have the option to have the consigned dress shipped back to them at their expense, or to release the dress to a&bé. If this option is selected, the dress then becomes property of a&bé, and the Consigner forfeits all rights to the merchandise.

9. Any option to renew the consignment agreement for an agreed-to extended period of time will be at the discretion of a&bé and may include additional or modified terms.

10. Either party may terminate this contract at any time by providing written notice of early termination 15 days in advance.

11. Payment to the Consignor will be remitted 15-20 days after the dress is purchased to allow time for a possible return from the purchaser and for the purchaser’s payment to be processed through PayPal, or check by mail.

12. a&bé is a wedding dress reseller and cannot hold insurance for inventory it does not own. a&bé is committed to handling the Consignor’s merchandise with the utmost care, however, it does not assume liability for fire, flood, theft, damage or wears.

13. The consigned dress is to not be listed for sale through any other sellers, including the Consignor themself, during the period of this contract.

14. The terms and conditions of this contract will remain in effect until the dress has been (a) sold and the purchaser has been paid by a&bé for the sale of the dress, (b) the dress has been returned to the Consignor and/or the listing has been taken down after the 150 day listing period, (c) the Consignor decides to not move forward with discounting the dress after 120 days and the listing is taken down, or (d) the Consignor has forfeited the dress to a&bé.

 

Agreed Listing Price:         ______________ (pre-tax) 

 

a&bé Employee Signature: ________________________   Date: __________

Consignor Signature:         ________________________   Date: __________

Consignor Name (Printed): ________________________

 

Listing Time (150 days) starts when the dress has arrived at headquarters and listing is live.

Listing Live Date: ____________