ONE STOP SHOP DESIGNER DIVA RESALE
4. Consignor agrees that DD LLC may donate or discard items that are soiled, torn, broken, or damaged in any way.
5. CONSIGNOR HEREBY AGREES TO INDEMNIFY AND FOREVER HOLD DD LLC HARMLESS FROM ANY AND ALL LIABILITY, OF ANY KIND OR CHARACTER, INCLUDING ATTORNEY FEES AND EXPENSES THAT MAY BE INCURRED BY DESIGNER EXCHANGE, LLC OR ANY OF ITS REPRESENTATIVES, EMPLOYEES, VOLUNTEERS OR AGENTS ARISING OUT OF OR IN ANY MANNER RELATED TO THE CONSIGNED ITEMS COVERED BY THIS CONTRACT.
6. DD LLC, in its sole discretion, may list consigned items on a computer venue or any other sales venue, whether online or not, if DD LLC determines that the consigned item will be sold for a higher price in that venue. DD LLC will pay all expenses associated with the sale of this item in the venue selected, and the Consignor will receive 40% of the final sales price, as provided in paragraph 2 of this Contract. The one year (1) consignment period will commence upon the first day the item is actually for sale on the selected venue.
1. DESIGNER DIVA, LLC ("DD LLC") ASSUMES NO RESPONSIBILITY WHATSOEVER FOR THE LOSS OR THEFT, DAMAGE, OR DESTRUCTION OF ANY ARTICLE LEFT ON CONSIGNMENT. DD LLC pays Consignor 40% of the selling price on sold items. It is Consignor's responsibility to call each month to see if a check will be available on the 21st (or the first work day after the 21st) of the month after which the items were sold. Consignor is responsible for picking up Consignor check each month. Consignor's check will not be mailed and if lost, DD LLC IS NOT RESPONSIBLE FOR REPLACING THE CHECK. If Consignor cannot personally pick up Consignor's check, Consignor must authorize in writing the person Consignor wishes to designate and their relationship to Consignor to pick up Consignor's check. The designated person must have a valid I.D. A check may be mailed only if Consignor is out of state and calls DD LLC to advise Consignor requests to have Consignor's check mailed for an additional fee of $2.00 that particular month. All checks will be charged a $1.50 processing fee and need to be deposited within 90 days of issuance or they will be considered a donation to Blooming Butterflies, Inc., a Texas non-profit, 501(c)(3). A minimum of THIRTY DOLLARS ($30) must be in Consignor's account to be eligible for a check, fewer than THIRTY DOLLARS ($30) DOLLARS will be rolled over to the following month's pay out. All money additionally owed will be issued at the end of Consignor's consignment per Consignor's request. DD LLC IS NOT RESPONSIBLE FOR YOUR CHECK AFTER YOU PICK IT UP. A $25 FEE TO REPLACE CHECKS WILL BE INCURRED AND WILL TAKE UP TO 30 DAYS. _______ (initials)
2. CONSIGNOR REPRESENTS AND WARRANTS TO DD LLC THAT IT IS THE OWNER OF THE ITEMS OR HAS FULL LEGAL AUTHORITY TO CONSIGN AT DD LLC.
3. All items placed on consignment must be clean, pressed and on hangers (wire hangers are fine) and remain the full one (1) year. If Consignor wishes to pick up any item with a minimum amount for return or has designated certain item(s) to be eligible for pick up, the designated item(s) must have been in consignment for one (1) year. Any dispute arising from this Contract resulting in the Consignor picking up such designated item(s) before the end of the Contract period will result in an administration fee to be charged in the amount commensurate with the amount of items pulled (i.e., five items returned would not have the same fee as fifty). All merchandise, without further notice, not sold within one (1) year from the date of system entry, and not previously agreed to being picked up by owner at the time of signing this Contract and the signing of the "note" print out on the Drop Off Sheet which is attached to this Contract, automatically becomes the sole property of DD LLC's non-profit partner, Blooming Butterflies. It is Consignor's responsibility to request a Donation Sheet for any items donated at the end of Consignor's consignment period. Consignor will receive no payment from the sale of any item sold in an expired/donated state. Consignor must give DD LLC a two (2) week notice that Consignor will receive only agreed upon designated items by selecting the items from the stock and being returned in DD LLC's system. Consignor agrees not to pick up designated item(s) on a Saturday or holiday.