Consignment Agreement
Second Act Kids Consignment Terms and Conditions Consignment Terms and Conditions
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These terms and conditions create a contract (the “Agreement”) between the consignor (“you” or the “Consignor”) and Second Act Kids (“we” or “Second Act Kids”). Please read this Agreement carefully. Once you sign this agreement, it will remain in effect until you or Second Act Kids terminates it.
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Please note that Second Act Kids will not accept any items with holes, tears, stains, pilling, missing buttons or broken zippers. Brand and size labels for all items must be in good condition and all items must be free from name labels. All items must be freshly laundered, and either folded or hung on individual hangers. All items must be free of pet hair and odors or any other condition that impairs the salability of items is the sole discretion of Second Act Kids. No items with recalls or product safety warnings from the United States Consumer Product Safety List will be accepted.
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Second Act Kids Item Review Process
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Second Act Kids will only review up to 25 items per appointment.
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All items will be thoroughly reviewed for consignment eligibility, including wear and tear, quality of goods, seasonality and aesthetic. Second Act Kids reserves the right to refuse any items we deal are unsalable due to condition, low resale value, authenticity or any other issues at the time during the consignment period and shall have no obligation to complete any sales period for any such items deemed unsaleable.
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The process of creating the inventory of those items accepted for consignment will happen at the earliest possible date after the appointment.
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For any items not accepted for consignment, Second Act Kids will either return them to the consignor at the end of the appointment or donate them to an organization of its choosing.
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Sale of Consigned Goods
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Consignment Period. The 60-day consignment period begins when the Property is first put up for sale on the floor. Items may be accepted for a future season and held until the appropriate time to launch for sale. Second Act Kids reserves the right to extend the period of sale past 60 days in its sole discretion.
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Net Sales Price means the price at which an item is sold, less applicable discounts and promotions and excluding taxes. The Net Sales Price shall be determined by Second Act Kids in its sole discretion.
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Second Act Kids will conduct promotions & sales as needed to manage its business without any need for prior approval from Consignor.
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Commissions. Consignors will receive a commission of 40% of the Net Sales price of Items sold by Second Act Kids. The parties agree that Second Act Kids may amend the commission percentage upon written notice to the consignor.
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Payment. Payments to consignors will be automatically paid out the month following the sale date for items that are outside the return window and if your balance is over $20. If under $20, funds will remain in your consignor account and payment will be made when the account exceeds $20 or if you make a payout request via the customer portal.
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Second Act Kids only accepts consignment upon terms that all unsold goods, after the minimum 60 days on the floor become property of the store and may be donated, discounted, or retained by the store at its discretion (with the exception of #1 Miscellaneous below).
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Miscellaneous.​For items priced $50 and higher, we will reach out to consignors for return or donate instructions after 60 days.
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Notices. Second Act Kids shall provide all notices to you at the email address or physical address that you have provided to Second Act Kids. You are solely responsible for keeping that information current with Second Act Kids. You hereby agree that any and all agreements, notices, disclosures, and other communications that Second Act Kids provides electronically to you shall satisfy any legal requirement that such communication be in writing.
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Counterparts/Electronic Signature. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of email, or other electronic medium shall have the same force and effect as an original signature.
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Subject to change. This agreement is subject to change based on the needs of the business.
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Choice of Law. This Agreement and any breach thereof or claims relating to or arising therefrom shall be construed and governed by the laws of the State of Washington.