Selling & Consignment Agreement
These terms and conditions create a contract between you and Little White Sneakers (“LWS”) under which LWS will purchase/consign your children’s second-hand clothing. In consideration of LWS processing your clothes and the mutual covenants set out herein, you agree to the terms and conditions of this Agreement.
- LWS is a resale marketplace, offering a convenient option for buying and selling high-quality secondhand children’s clothing, shoes and accessories, among other things. You would like LWS to purchase or consign your children’s clothing, shoes and/or accessories (each piece being, an “Item").
- Upon receipt, LWS will evaluate each Item to determine, in its sole discretion, its authenticity, quality, and value. The Item’s condition and size, among other things, will affect its valuation. LWS only accepts Items that it determines it its sole discretion: (a) to be in excellent condition; (b) to sell quickly; and (c) to be authentic. Items that does not meet the above requirements will not be accepted and will, according to your choice selected on the form you filled out when you dropped the Items off (the “Intake Form”), be either (a) returned to you or (b) donated to a charity of LWS’s choice. Regardless of the choice indicated on the Intake Form, any Item that has not been accepted by LWS and that has not been picked up within one week of the Invoice Date (as defined below) will be donated to charity.
PRICING AND TYPE OF PAYMENT: After your Clothing has been processed and within fourteen days after you drop off your clothes, LWS send you an email (on a date referred to as the “Invoice Date”) to inform you whether any of your items have been accepted and whether the Items qualify for upfront or consignment payment. Any such determinations, including without limitation: (i) whether an item is accepted or rejected, (ii) whether an Item is designated for upfront or consignment payout, (iii) the non-negotiable upfront payout amount offered for an Item or (iv) the listing price for a Item on consignment, will be made in LWS’s sole discretion and may be based on a variety of factors including seasonality and the composition of our existing inventory.
NON-NEGOTIABLE PRICING. In consideration for processing your clothes, you agree that the initial listing amounts and upfront payout amounts are final and non-negotiable. Sellers will earn between 10% - 40% of the resale price of each Item. LWS advises you to review its resale prices online and in store, before you drop-off, to obtain a better understanding of what items are typically priced at. All upfront payment amounts shall be made in store credit.
UPFRONT PAYMENT. By dropping off your Clothes, you acknowledge and agree that any Items selected by LWS for an upfront payout immediately and irrevocably become property of LWS and may not be returned.
A) Title to Property. You will continue to own and have title to each Item of Clothing until that item is “Sold”. An item will be considered Sold when: (i) it is sold by LWS to a customer and not returned to LWS within the period specified in LWS’ then-current return policy; or (ii) it is lost, stolen, damaged, or destroyed while in LWS’ possession.
B) Consignment Period. The “Consignment Period” for each Item begins on the date LWS selects the item for consignment and ends 365 days thereafter. You may request in writing that LWS return an item (a "Return Request"), so long as the item has not already been Sold, at anytime after the initial 90 days from the Invoice Date. Once LWS receives your Return Request, it will use commercially reasonable efforts to remove the item from its store and website and will make the item available for pick-up within 7 days. If an item remains unsold at the end of the Consignment Period, LWS will contact you and, at your option provided you respond within 7 days: (i) return the Item to you or (ii) donate the Item to a charity of LWS’ choice. Regardless of your choice, any Item that has not been picked up within one week of the end of the Consignment Period will be donated to charity.
C) Consignment Price. So long as you comply with this Agreement, LWS will use commercially reasonable efforts to sell the Items. In order to market and promote the sale of each item, LWS may in its sole discretion apply an immediate 20% discount to Item.
D) Consignment Rate. You shall be entitled to 40% of the purchase price of the Items (net of taxes and shipping), or 25% more in store credit.
E) Consignment Payment. On or about the fifteenth (15th) day of each month (or the following business day), LWS will send you an email notification indicating sales that occurred during the previous month. The timing of processing and delivering commission payments will vary by the payment method you select but will typically take at least two business days after the date of notification.
CASH PICK-UP. If you elect to receive cash payment, you must pick-up your cash payment within three months of the Invoice Date.
- STORE CREDIT. If you elect to receive store credit, you have one year from the date of issue to use it.
ENTIRE AGREEMENT. This Agreement sets forth the final, complete, and exclusive agreement between you and LWS regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements on such subject matter.
DISPUTE RESOLUTION. In the event that there are any issues regarding this agreement, please contact us at firstname.lastname@example.org. If your issue is not resolved, then you agree to the following dispute resolution procedure: 1. The party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days in which to respond to or settle the dispute. 2. To the extent a dispute cannot be resolved through the informal dispute resolution procedure described above, a dispute shall be resolved through binding individual arbitration.
AMENDMENTS. LWS may make changes to its terms and conditions, including those outline in this Agreement, upon notice to the counterparty. If the counterparty does not accept the changes, it may pick-up any remaining Items at LWS within seven days after the notice set out above, after which time the counterparty is deemed to accept the amendments.
SEVERABILITY. If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement.
GOVERNING LAW. This Agreement shall be bound by and construed in accordance with the laws of the Province of Ontario.