This Agreement is made between Consignista LLC hereinafter referred to as (“Consignista”) and the Consignor hereinafter referred to as (“you”). Listing an item(s) with Consignista on its website URL: www.consignista.com hereinafter referred to as the (“website”), cannot be executed without first agreeing to the terms of this Agreement and by requesting a premium concierge appointment constitutes an acceptance of these terms. You confirm that you are 18 years or older and able to enter into this Agreement and that it is for the sole purpose of selling designer apparel only.
By utilizing our services to list your item(s) on the website you confirm and/or agree to the following:
1) That at the time of requesting a premium concierge consignment appointment with Consignista you agree to our creating a consignor account on your behalf. Such account will contain your name, address and appointment history with us.
2) That Consignista is appointed and is acting solely as a medium for you in selling your item(s) on the website, and that you are the owner of the item(s) you wish to consign via the website at all times until purchased by a buyer via the website.
3) That there is a minimum listing period on the website of six months from the date your items are put live to the site.
4) That you will not attempt to consign any item(s) that are unauthorized, counterfeit, replica or non-genuine item(s) as you acknowledge that this is prohibited.
5) You agree that Consignista will price your item(s) sensibly so as to achieve a possible sale and that you cannot expect to recuperate the full price that you originally paid for an item(s).
6) That before you utilize our premium concierge consignment services you acknowledge that our collection service currently operates Monday to Friday 9.30am - 4.00pm within a 25 mile radius of Greenwich, CT. At the premium concierge consignment appointment, we will email you with an initial e-inventory list of those items we have taken away and within 3 to 10 business days from the date of collection (subject to the number of items collected at the time of the premium concierge consignment appointment) we will submit to you an updated e-inventory list with suggested pricing. You will have seven (7) days from the date of receiving the updated e-inventory receipt to review the pricing. Should you not adjust or confirm pricing within seven (7) days of receipt of the e-inventory list with suggested pricing, we will proceed to put live those items set out in the e-inventory list with the pricing that we suggested.
7) In conjunction with your responsibilities as a consignor, you hereby confirm that you have read, understood and agree to the Returns Policy available on the website.
You accept that collection of your item(s) via our premium concierge service does not guarantee an acceptance to list those item(s) on the website should Consignista deem them unacceptable for any reason. Should a decision be made by Consignista not to publish and/or remove an item(s) from the website, you will be notified by email provided. In this email you will be asked to arrange a convenient appointment to have those unacceptable items returned to you. Should you not respond to arrange a convenient time within 30 days from the date the email was sent, we will donate your items without further notice to you.
You acknowledge and accept that Consignista does not have to set out its reasons for not publishing and/or removing any such item(s) from the website.
Should, for any reason, you wish to have your items returned to you before the expiration of the six month minimum listing period, Consignista will charge an administration fee of $5.00 per item that you wish to have returned. This charge is to cover the administration costs that are incurred in connection with your consigned items.
In the event of a breach of these listing terms, you will be put on notice that in the event that such a breach is attempted again you will be blocked from accessing and/or using Consignista’s services and website.
You agree and acknowledge that Consignista accepts no liability for damaged, stolen or lost items.
Please refer to the Consignista Directory of Designers Accepted available on the website for a list of accepted brands that we permit for consignment. Items will also be deemed unacceptable by Consignista if they are fall outside of the condition or acceptable items as set out in our How it Works section.
You confirm the buyer has seven (7) business days from the date of delivery to return the item(s) for a full refund. We will instruct the buyer to return the item(s) to us and once it has been confirmed the item(s) is in a resalable condition a full refund will be issued to the buyer using their original method of payment.
You acknowledge that Consignista has the right to utilize any shipping method available to it.
Commission percentages are below and are calculated on the total consignment value of "inventory to hand". Our commission rates are not subject to sales that fall within a certain period:
60% of the sale price of item(s) sold through the website to a total consignment value of $15,000 or under in one calendar year
65% of the sale price of item(s) sold through the website to a consignment value of $15,001 - $20,000 in one calendar year
70% of the sale price of item(s) sold through the website to a consignment value of $20,001 - $25,000 in one calendar year
75% of the sale price of item(s) sold through the website to a consignment value $25,001+. At this level you will earn VIP status that provides certain privileges. Once this tier has been met you will be advised by your Luxury Client Ambassador what those privileges are.
Please note that any items that have a resale value of $200 or less will fall into a commission rate of 55%.
The percentage taken by Consignista is to cover the costs including, but not limited to, staffing costs who will research a fair market price for the item(s), photograph the item(s), describe the item(s), along with meta-tags, categorization and upload of your item(s) onto the website.
We reserve the right to adjust the percentage of earnings on your items selling price. However, any such percentage change will only be an increase on what you may earn on your sales. Any such percentage change will not affect previous consignments you have executed with Consignista. Any percentage change will apply on future consignments, not those consignments that currently exist. You will be fully aware at the time of consigning with us what your sales percentage will be.
Consignista's chosen commission payment method is via check. You confirm that you will ensure Consignista has your current address on record at all times in order to avoid checks not being received by you. Consignista is not liable for any missing checks. Should a check not be received by you for any reason, you confirm and agree that it is your responsibility to inform Consignista of non-receipt of any such check. Consignista will proceed to cancel the issued but missing check and send you a replacement check. You acknowledge that any check that is received by you but not cashed within 6 months will no longer be valid. Consignista reserves the right to re-issue an uncashed check for an administration fee of five USD ($5.00) per check.
You may elect to be paid via PayPal, and in the event you choose this method, you confirm and agree that you have signed up for the Paypal service in the event that you do not currently have an account. When signing up to Paypal you confirm that you will ensure that the payment details provided to Paypal are correct and accurate to ensure prompt payment. You acknowledge and confirm that it is your responsibility to ensure payment details loaded into PayPal are kept up to date. Should a payment not be received due to your non-performance of this Clause then Consignista will not be held liable for any missing payment and Consignista will charge an administration fee of five USD ($5.00) to re-send the payment (once it has been credited back to Consignista by PayPal).
In order to process payments effectively and to honor the terms of our Returns Policy, our cut off for payment of commissions earned from any sale made and completed through the website is the 22nd of each month. Commissions earned on sales made and completed up to the 22nd will be paid on the last business day of that month. Commissions on sales made after the 22nd will be paid on the last business day of the following month.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Further, nothing within the website is to be understood as granting you a license to utilize any of its content.
You agree to indemnify, defend, and hold harmless Consignista, its officers, directors, employees, agents, parents, subsidiaries, partners, affiliates, licensors and suppliers (collectively the "Service Providers") from and against any and all claims made by or liability to any third party resulting from any activities conducted under your account, all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account. Your use or misuse of the website, including but not limited to, entering into a transaction with other website users, failing to deliver goods or otherwise arising out of your breach of any part of this Agreement.You agree that in the event you have a dispute with Consignista or one or more users of the website you release Consignista and (as applicable) the Service Providers from any and all claims, demands, causes of action, liabilities, losses and damages (actual and consequential) of every type and nature, known or unknown, disclosed or undisclosed, suspected or unsuspected arising out of or in any way connected with such disputes and/or use of the website.
Consignista reserves the right to vary the terms of this Agreement at any time without prior notification to you and that you agree to be bound by any such variation. You acknowledge and confirm that it is your responsibility to check any variation of this Agreement from time to time via the website. Consignista also reserves the right to terminate this Agreement, or any part of it, with or without prior notification to you for any reason. If you violate any of this Agreement, Consignista, in addition to any other rights and remedies it may have, will immediately withdraw your access rights to the website without any notice or other action by Consignista. You will have the right to cancel your Consignista account. Notification of such cancellation should be sent via e-mail to email@example.com. If you choose to execute this right, you recognize and acknowledge that it may take up to 96 hours for your item(s) listed on the website to be removed, along with your profile from Consignista’s administrative database. Again, should the item(s) listed on the website sell within this time period you confirm you remain duty bound to sell the item(s) to the buyer as per the terms of this Agreement.
This Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. Consignista's failure to exercise or enforce any right or provision of this Agreement will not be deemed to be a waiver of such right or provision (excluding obligations due to a Force Majeure Event).If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except as explicitly stated otherwise, legal notices shall be served on Consignista’s national registered address or, in your case, to the email address you provide to Consignista during the registration process. Notice shall be deemed given 24 hours after email is sent, unless Consignista is notified that the email address is invalid. In the case of mailing a notice, Consignista shall do so to the address (if one is provided) during your registration process and in such a case, notice shall be deemed to have been given three (3) days after the date of mailing.