1. Appointment & Authority
Consignor appoints Consignee as a non-exclusive agent to market and sell the items listed on the attached inventory (“Goods”).
Consignor represents and warrants that:
Consignor is the sole lawful owner of the Goods.
Goods are authentic and not counterfeit.
Goods are free from liens, encumbrances, claims, or third-party ownership interests.
Consignor has full authority to sell the Goods.
Consignee reserves the right to reject any Goods at its sole discretion.
2. Condition of Goods
Consignor affirms that all Goods are:
Clean and sale-ready
Free of undisclosed defects
Free of stains, odors, pet hair, excessive wear, or damage
Fully functional (zippers, closures, embellishments)
Consignee is not responsible for normal wear from customer try-ons, handling, display, or transport.
Undisclosed damage may result in immediate removal from sale without liability.
3. Pricing & Sales Authority
Consignee has sole discretion to:
Set and adjust pricing
Discount or promote items
Accept reasonable offers
Bundle items
Determine marketing strategy
Consignor acknowledges that resale value fluctuates and agrees to Consignee’s pricing authority.
4. Consignment Term
The consignment period shall be 365 days from the date Goods are first offered for sale. After 365 days, or 1 year, the Consignor must pick up goods within 7 days.
No Early Retrieval During Active Sale Event
Goods may not be withdrawn during:
Scheduled pop-up events
Online promotional campaigns
Seasonal sale events
Any advertised sales window
Early withdrawal outside of these windows may incur a $25 per item administrative fee.
5. Abandoned Property
If Consignor fails to retrieve unsold Goods within seven (7) calendar days after notice of expiration, the Goods shall be deemed abandoned.
Notice may be sent via email, text, or written communication to the last known contact information provided.
Upon abandonment:
Ownership automatically transfers to Dressing Around, LLC.
Consignor waives all rights to compensation or claims.
Consignee may donate, liquidate, resell, or dispose of the Goods without payment.
Consignee has no storage obligation beyond the retrieval period.
6. Commission & Payment
Consignor shall receive 40% of the final net selling price.
“Net selling price” means the amount collected after:
Discounts
Processing fees
Platform fees
Refunds
Chargebacks
Payment will be issued within 7 days after:
Transaction funds have fully cleared
Return windows have expired
No disputes are pending
7. Chargebacks & Payment Reversals (Survival Clause)
If a credit card dispute, chargeback, fraud claim, or refund occurs:
Consignee may withhold or deduct the amount from future payouts.
If payment has already been issued, Consignor agrees to repay the disputed amount within 10 days of notice.
This obligation survives termination of this Agreement.
Consignee shall not be liable for losses resulting from payment processor disputes or fraudulent transactions.
8. Risk of Loss & Insurance
All Goods are left at Consignor’s sole risk.
Consignee is not liable for loss or damage caused by:
Theft
Fire
Flood
Natural disasters
Acts of God
Vandalism
Customer handling
Third-party carriers
Events beyond reasonable control
Consignee does not guarantee insurance coverage unless agreed in writing.
Consignor is encouraged to insure high-value items independently.
9. Authentication & High-Value Items
For designer or high-value Goods:
Government-issued photo ID may be required.
Proof of purchase or authenticity documentation may be required.
Third-party authentication may be used.
Authentication fees may be deducted from proceeds.
If an item is determined to be counterfeit:
It will not be returned.
No payment shall be issued.
Consignor shall indemnify Consignee for damages or claims arising from the counterfeit item.
10. No Emotional Withdrawal / Change of Mind
Once Goods are accepted into inventory:
Consignor may not demand removal due to emotional attachment, personal events, or change of mind.
Removal requests are subject to administrative fees and may be denied during active sales periods.
This clause is intended to protect operational stability during event-based sales.
11. Minor Consignors
If Consignor is under 18:
A parent or legal guardian must sign.
Parent/guardian agrees to all terms.
Parent assumes full responsibility for disputes, chargebacks, ownership claims, and misrepresentation.
Payment will be issued only to the parent/guardian unless agreed otherwise.
Consignee is not responsible for disputes between minor and parent.
12. Marketing & Image Rights
Consignor grants irrevocable permission to:
Photograph Goods
Use images in advertising, social media, website listings, paid ads, and marketing materials
No additional compensation is owed for marketing use.
13. Indemnification
Consignor agrees to indemnify and hold harmless Dressing Around, LLC, its owners, employees, contractors, and affiliates from any claims, losses, damages, liabilities, legal fees, or disputes arising from:
Ownership disputes
Authenticity claims
Intellectual property violations
Fraudulent representations
Third-party claims
14. Governing Law & Venue
This Agreement shall be governed by the laws of the State of South Carolina.
Any dispute shall be resolved in Charleston County, South Carolina.
The prevailing party shall be entitled to reasonable attorney’s fees and court costs.
15. Entire Agreement
This document constitutes the entire agreement between the parties.
No modification shall be valid unless in writing and signed by both parties.
