This Consignment Agreement is entered into between the below “Consignor” and The Bridal Finery, LLC (“TBF”) and shall be effective on the date signed below. TBF and the Consignor, in consideration of the mutual benefits and promises contained herein, the receipt and sufficiency of which is hereby acknowledged, agree as follows:
The Dress. The Consignor is providing the Dress, as described to TBF for consignment sale.
Consignor Representations. The Consignor represents and warrants the following: (a) the Dress was purchased new from an authorized retailer of the designer of the Dress; (b) there is nothing prohibiting Consignor or TBF from reselling the Dress; and (c) the Dress is exclusively listed for sale through TBF during the term of this Agreement.
Cleaning and Prepping. The Consignor understands and agrees that the Dress shall be professionally cleaned prior to placing for sale by TBF. Accordingly, the Consignor must provide a receipt showing professional cleaning, or TBF will have the Dress professionally cleaned (by an outside cleaning and preservation company) for a price of $295.00, which must be paid immediately upon the effective date of this Agreement. Consignor further understands that any Dress not cleaned by TBF will have a $75.00 prepping fee, which must be paid at the effective date of this Agreement.
Shipping. The Consignor understands and agrees TBF does not provide shipping to the store.
Insurance. Consignor understands and agrees that TBF does not provide any insurance on the Dress for any purpose. TBF recommends purchasing courier insurance when shipping the Dress to TBF.
Acceptance of Dress. TBF, may, in its sole discretion, choose not to accept any Dress, even after execution of this Agreement, if the Dress does not meet the standards of TBF
Ordinary Wear. Consignor fully understands there is a normal wear that occurs while the dress is on the sales floor. Accordingly, TBF is not liable for the normal wear that occurs while merchandising the dress.
Promotion of the Dress. TBF may promote the dress through social media, websites, and other marketing channels, and the Consignor is encouraged to link to TBF’s promotional channels to increase the exposure for the Dress.
Sales Price. TBF will determine the sale price of the Dress. In the event the Dress does not sell during its first three months after being placed on the sales floor, the price will be lowered by 10%, and again every 3 months thereafter.
Payment to Consignor. When the Dress sells and is paid in full, TBF will pay, within 14 business days, the Consignor 50% of the final net sales price (excluding sales and other taxes).
No Guarantee of Sale. TBF does not guarantee the sale of a consigned item. If the Dress does not sell within 9 months of being on the sales floor, TBF will notify the Consignor; shipping is $150 in the continental U.S., which Consignor must pay. The Consignor may choose to first purchase preservation services for the Dress. If appropriate arrangements have not been made within the said 14 days, the Consignor is deemed to have abandoned the Dress, and the Dress will be the property of TBF.
Signatures on Shipped Items. A signature will be required on the shipment to or from TBF and a tracking number shall be provided by the party shipping the Dress.
Early Termination. Either party may terminate this Agreement by providing written notice of early termination to the other party; provided, however in the event of an early termination by Consignor, TBF shall remain eligible to receive payment equal to 50% of the sales price should Consignor sell the Dress during the 90 days after early termination.
Entire Agreement, Amendment, Wavier. This Agreement sets forth the entire understanding between the parties. No provision in this Agreement may be amended or waived except by written consent of both Parties. No failure or delay by any Party in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise or waiver of a right, power or privilege preclude any other or further exercise thereof.
Choice of Law, Venue. This Agreement shall be governed by the laws of the State of Florida, without regard to the conflict of law principles thereof. Venue for the resolution of any disputes relating to this agreement shall be a court of court of competent jurisdiction in Orange County, Florida, and the Parties hereby irrevocably submit to the personal jurisdiction of such courts.
Attorney's Fees. The prevailing party in any action shall be awarded its reasonable attorney's fees and costs.
Severability. If any part of this Agreement should be deemed unlawful by any court or regulatory agency of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.