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Terms and Conditions

Terms of Business

What Us Girls Want, LLC (The Company) is engaged in the marketing and sale of pre-owned luxury designer items.

Consignor owns or controls and has the right to sell certain items, described and itemized on What Us Girls Want online store.

Consignor wishes that the Property be sold on consignment by The Company and The Company wishes to sell that Property on behalf of Consignor.

This means that Consignor transfers possession but not ownership of the Property to the company, subject to these Consignment Terms (the“Agreement").

The above parties agree as follows:

1. DELIVERY OF PROPERTY; RISK OF LOSS; INSURANCE

Consignor makes the Property available to The Company on a consignment basis and The Company accepts the Property from Consignor on a consignment basis only.

All risk of loss or damage of the Property will pass to The Company only when The Company takes physical possession of the Property.

Consignor retains all risk of loss or damage to the Property until that time.

The Company shall insure the Property in such amounts and against such risks as to which such goods are customarily insured, including insurance for theft and damage while in The Company’s possession, and shall provide evidence of such insurance coverage to Consignor as and when requested.

If the Property is damaged or lost while in The Company’s possession, The Company will reimburse Consignor in the amount of Consignor's Commission as though a sale had occurred based on the estimated Net Selling Price which is determined solely by The Company. This remedy shall constitute the sole remedy and entire recourse of Consignor against The Company and is in lieu of any other remedy available as a matter of law or equity.

2. ACCEPTANCE OF PROPERTY; CONDITION OF ITEMS

The Company only accepts Property: (1) it determines in its sole discretion to be in very good to excellent condition; (2) it determines in its sole discretion to be authentic; and (3) that is made available to The Company in full compliance with the representations and warranties Consignor makes pursuant to this Agreement (“Acceptance").

Upon receipt, The Company will evaluate the Property to determine its authenticity, quality and value. Condition issues will affect the valuation.

Property that does not meet The Company’s quality standards will not be accepted and will be returned to Consignor at Consignor's expense (see "Unauthenticated Items" and "Consignment Period and Return of Property" below).

3. UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS

Consignor is responsible for ensuring the authenticity of all items that Consignor offers or provides for consignment. In the event The Company determines it cannot confirm the authenticity of any item of Property offered or provided for consignment, it shall have the right in its sole discretion to refuse to Accept the item.

In the event that The Company determines at any time that an item of Property is counterfeit, The Company shall notify Consignor that it has made such determination. Consignor acknowledges and agrees that any item The Company determines to be counterfeit will not be returned to Consignor and will be destroyed.

Consignor acknowledges and agrees that The Company is subject to laws and regulations relating to claims that consigned items have been stolen.

The Company takes reports of stolen goods seriously and will cooperate with law enforcement in all investigations.

4. CONSIGNMENT PERIOD AND RETURN OF PROPERTY

The "Consignment Period" for an item of Property begins on Acceptance and ends 180 days thereafter.

At any time during the Consignment Period, and subject to this provision, Consignor may request The Company return all or some of the Property, so long as the item of Property has not already been sold.

(a) If the return is requested within 30 days from Acceptance, as defined above, the Property will be returned within 30 days of the request. The Company reserves the right to pass on all costs of such returns to the Consignor and in such case, all costs of return shall be deducted as available from Consignor's pending Commissions; where such pending Commissions are not available, The Company shall have no obligation to return such Property unless and until Consignor has provided for the cost of return shipping at its sole expense.

Additionally, Consignor acknowledges and agrees if Consignor requests the return of Property within this first 30 days after Acceptance, The Company reserves the right to charge Consignor a fee of $25 item that will be returned which reflects the up-front costs to The Company of storing, cataloging and photographing the Property in preparation for sale.

(b) If the return is requested more than 45 days after acceptance, the Property will be returned within 30 days of the request and all costs of returning the Property to the Consignor will be borne by The Company.

For items that remain unsold after 180 days from Acceptance, The Company will, at Consignor’s option and The Company’s cost: (i) return the items to the Consignor, or (ii) donate the items to a charity of The Company’s choice. If The Company is unable to contact the Consignor at the current email or physical address provided by Consignor, the items will be donated to a charity of The Company’s choice.

5. EFFORTS TO SELL; PRICE

Subject to Consignor's performance of its obligations under this Agreement, The Company will display on its site and other 3rd party selling platforms and make commercially reasonable efforts to sell the Property. Consignor acknowledges and agrees that:

(a) The Company in its sole discretion will determine the initial selling price for the Property (the "Initial Sale Price"), based on its evaluation of the Property together with its determination of the current market price for each specific item of Property.

(b) In order to market and promote the sale of the item, The Company will allow an immediate site-wide 10% discount to apply, which will affect the initial Sale Price.

(c) The Company may offer additional discounts and promotions during the Consignment Period, at its sole discretion and without notice to Consignor as a means to efficiently market and sell the Property, unless The Company and Consignor have otherwise agreed in writing to a specific price at which an item must be sold.

7. TITLE TO PROPERTY

Title to and ownership of the Property will remain with Consignor until a Property Sale occurs. A "Property Sale" shall be deemed to have occurred where an item of Property is:

(a) Sold by The Company and not returned to The Company within the period specified in The Company Return Policy

(b) Lost or stolen from The Company

(c) Damaged or destroyed while in The Company’s possession.

8. PAYMENT AND COMMISSIONS

Upon a Property Sale, the net selling price upon which all Commissions are based shall equal the price of the item of Property sold, less applicable discounts and other selling fees, excluding taxes and shipping (the "Net Selling Price").

(a) Consignor acknowledges and agrees it will receive the following

Commission (as defined below, the "Commission") based on the Net Selling Price of an item of Property:

(1) A Commission equal to 70% of the Net Selling Price (i) for all items sold

at $3000 or less.

(2) A tiered Commission of 80% on amounts over $3001. For example; A

net Selling price of $3499, Consignor will receive 70% of $3000 and 80% of $499.

The Company typically begins processing Commission payments on the 15th day of every month for the sale period beginning on the 1st of the previous month to the last day of the previous month.

For example, payments processed on April 15th would cover the sale period from March 1 through March 31. Such payments will be made to the Consignor by physical check.

The timing of processing and delivering Commission payments will vary but will typically take at least two business days to complete and issue to Consignor.

In the event of any dispute between the Parties, The Company shall have no obligation to pay any Commission or other amount otherwise due to Consignor, including without limitation amounts unrelated to the dispute, unless and until such dispute is resolved. The Company shall be entitled to withhold any Commissions (including any otherwise due for items of Property not then subject to the dispute) in full or partial satisfaction of any amounts due to The Company.

7. TERMINATION

Either Party may terminate this Agreement at any time, for any reason.

Termination shall be effective when either Party serves written notice. 

8. CONSIGNOR’S REPRESENTATIONS, WARRANTIES, AND

INDEMNIFICATION

Consignor hereby represents and warrants that it has good and marketable title to each item of Property and has the right to consign and sell the Property, none of which is subject to any liens or other encumbrances, and further represents and warrants that the Property does not infringe upon or violate any trademark, copyright, or other proprietary right of any third party, any state or federal law, or any administrative regulation. Consignor hereby agrees to indemnify and hold The Company harmless from all damages, suits, litigation, awards, and costs, including but not limited to attorneys' fees and costs, as a result of or arising out of in any way The Company’s display or sale of the Property for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation.