Consignment Terms & Conditions

THIS CONSIGNMENT AGREEMENT ("Agreement") is entered into on by and between CONSIGNEE Atarah Grace Boutique, LLC and CONSIGNER. 

AGREEMENT TO SELL

In accordance with this Agreement, the Consignor grants an exclusive right to display and sell the mutually agreed upon item(s),pursuant to the terms of this Agreement. Agrees to place on display the mutually agreed upon item(s) on e-commerce platforms  Ebay, Mercari and ATG Conignment & Thrift. 

The sale price of all items and terms of said sale shall be determined by Atarah Grace Boutique, LLC . 

PROCEEDS AND TERMS OF SALES

Atarah Grace Boutique, LLC, shall be entitled to retain a percentage of of all proceeds from the sale of each item consigned seller platform fees : Sales tax, transaction fees, shipping)

Atarah Grace Boutique, LLC , shall submit a payment for the full amount of the sale price, less the aforementioned agreed upon percentage based of the conisgnment chart , to the Consignor within 15 business days of receipt of the sale. The Consignor shall be paid their portion of the proceeds, a percentage of net sale price (net profit after fees). 

Both Atarah Grace Boutique, LLC and the Consignor agree that payments shall be made in the form of "Paypal Payouts". 

Atarah Grace Boutique, LLC agrees to maintain the agreed upon selling price for each item consigned and will accept nothing less unless otherwise agreed upon in writing and signed by both parties (i.e. Discounts, promoted listings, discounted offers sent out to potential buyers will FIRST be discussed and approved by the consignor).

Atarah Grace Boutique, LLC shall retain possession and control of the consigned merchandise for a minimum period of days, beginning on the aforementioned agreement date. Prior to or upon delivery of the merchandise, the Consignor shall provide a complete and accurate inventory list of the merchandise items that have been consigned to be sold. This list must include a description of each item, the quantity of each item, the agreed upon price of each item, and it must be signed by both the Consignor and Atarah Grace Boutique, LLC upon acceptance.

Atarah Grace Boutique, LLC shall only accept clean, quality items in good condition (Used and New).

Any merchandise that is not sold at the end of the consignment period (150 days from days from original listing date) shall be re-evaluated by Atarah Grace Boutique, LLC and the Consignor. In the event that the Consignor decides to remove their merchandise, the Consignor shall assume all responsibility for retrieving and arrange for returns of unsold merchandise including shipping and all costs associated with said removal of merchandise.

MERCHANDISE RECORDS

It shall be the responsibility of Atarah Grace Boutique, LLC to maintain all records of consignments and ensure accurate record keeping of each item, quantity and what was sold. The Consignor shall have the right to inspect all records related to their account.

MERCHANDISE OWNERSHIP

The Consignor shall retain ownership of any and all consigned merchandise until such time as the merchandise is sold.

BREACH OF AGREEMENT

In the event that the Atarah Grace Boutique, LLC fails to perform and/or adhere to the terms and obligations contained herein this Agreement, the Consignor shall be afforded the opportunity to cancel this Agreement by providing 15 days advance written notice to Atarah Grace Boutique, LLC. However, the Consignor shall in turn afford Atarah Grace Boutique, LLC the opportunity to take corrective action prior to the deadline stated in the aforementioned advance written notice to avert cancellation of this Agreement.

TERMINATION OF CONSIGNMENT AGREEMENT

Atarah Grace Boutique, LLC may terminate this Agreement at any time and for any reason by providing 15 days advance written notice and by returning to the Consignor all the unsold merchandise that is the subject of this Agreement. The Consignor may terminate this agreement at any time and for any reason by providing 15 days advance written notice, but said termination shall not affect the agreement regarding items of merchandise already sold. The expense of delivery to the Consignor of any unsold merchandise shall be the responsibility of the party terminating this Agreement.

BUSINESS OPERATION

Atarah Grace Boutique, LLC shall maintain the exclusive right to determine the business operation and management of its premises. The Consignor shall have no liability or responsibility for the operation and management of the Consignee's business, employees, staff, officers or agents or any torts or other causes of action that may result from daily operation of business, and the Consignee agrees to defend,indemnify and hold harmless the Consignor for same.

LIABILITY FOR LOSS, DAMAGE OR THEFT OF CONSIGNED MERCHANDISE

In the event that the consigned merchandise is lost, stolen, destroyed, damaged or unaccounted for due to any cause, known or unknown, while consigned to  (while it is in the posession of) Atarah Grace Boutique, LLC.   The merchandise, or each item consigned, that is lost or unaccounted for shall be considered as having been sold, and Atarah Grace Boutique, LLC shall pay unto the Consignor the amount agreed herein as if the lost merchandise had been sold and the Atarah Grace Boutique, LLC shall be paid the previously agreed upon percentage, and that amount shall be paid no later than 30 days following the loss of the merchandise.

ARBITRATION/MEDIATION DISPUTE RESOLUTION

Atarah Grace Boutique, LLC and the Consignor both agree that should any dispute arise through any aspect of this relationship, including, but not limited to, any matters, disputes or claims, the parties shall confer in good faith to promptly resolve any dispute. In the event that the parties are unable to resolve the issue or dispute between them, then the matter shall be mediated and/or arbitrated in an attempt to resolve any and all issues between the parties.

The parties agree that any claim or dispute that arises from for through this agreement, the relationship or obligations contemplated oroutlined within this agreement, if not resolved through mediation, shall then go to and be resolved through final and bindingarbitration. Any decision reached by the Arbitrator shall be final and binding and, if required, may be entered as a judgment in anycourt having jurisdiction. This Agreement shall be interpreted and governed by and in accordance with the Federal Arbitration Act 9

U.S.C. §1-16.

SEVERABILITY CLAUSE

In the event that any provision of this Consignment Agreement shall be deemed to be severable or invalid, and if any term, condition,

phrase or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of the Agreement

shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any

provision of this Agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable,

then said provision shall be deemed to be written, construed and enforced as so limited.

ENTIRETY

The herein contained Consignment Agreement constitutes the entire understanding of both Atarah Grace Boutique, LLC and the Consignor pertaining to all matters contemplated hereunder at this time. The parties signing this Consignment Agreement desire or intend that any contract or other agreement entered into between the parties subsequent hereto shall supersede and preempt any conflicting provision of this Consignment Agreement whether written or oral.

WARRANTIES

Neither the Atarah Grace Boutique, LLC  nor the Consignor shall make any guarantee or warranties in relation to any sale, use or transfer of the merchandise by the other party or any third party acting on behalf of Atarah Grace Boutique, LLC or the Consignor.

ASSIGNMENT

This Agreement is not assignable and may not be modified other than by a written modification agreed to and signed by both parties.

WAIVER

Atarah Grace Boutique, LLC and the Consignor agree that instances or patterns of wavier, forbearance, course of dealing or trade usage shall not affect the right of either party to demand performance of any term or condition contained within this Agreement.

Current Consignment Fee Agreement :  

At Atarah Grace Boutique, LLC, a portion of the total sale amount of each consigned item will be kept by the company. The remaining percentage will be paid out to the consignee after deducting the consignment fee and platform seller fee. Unlike other platforms such as Mercari, which charges zero seller fees, eBay charges a fee for using their platform. Consignees need to be aware of these fees when considering consigning with us.  

Last update 5/11/2024