Consignment Agreement

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY CONSIGNING GOODS OR PRODUCTS THROUGH LINDA’S STUFF, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS CONSIGNMENT AGREEMENT (THE “AGREEMENT”), AND YOU ACCEPT AND ARE DEEMED TO HAVE AGREED TO THE TERMS OF THIS AGREEMENT, WHICH ARE BINDING UPON YOU (REFERRED TO AS “CONSIGNOR” OR “YOU”) AND LINDA’S STUFF INC. (REFERRED TO AS “LINDA’S STUFF”, "US", "WE", OR "OUR" AS THE CONTEXT MAY REQUIRE). EITHER PARTY MAY ELECT TO TERMINATE THIS AGREEMENT AT ANY TIME, PROVIDED, HOWEVER, THAT ALL TERMS AND CONDITIONS WHICH BY THEIR NATURE ARE INTENDED TO SURVIVE TERMINATION OF THIS AGREEMENT SHALL SURVIVE SUCH TERMINATION, INCLUDING WITHOUT LIMITATION, THE PROVISIONS ENTITLED “CONSIGNOR’S REPRESENTATIONS, WARRANTIES” AND “INDEMNIFICATION AND DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY”.

YOU MAY NOT CONSIGN GOODS OR PRODUCTS THROUGH LINDA’S STUFF IF YOU (A) DO NOT AGREE TO THIS AGREEMENT, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

This Agreement applies to the consignment of goods and products through Linda’s Stuff. This Agreement is subject to change by Linda’s Stuff Inc. without prior written notice at any time, in our sole discretion. You should review this Agreement before consigning goods or products through Linda’s Stuff. Your continued use of our website and/or consignment of goods through Linda’s Stuff will constitute your acceptance of and agreement to such changes.

This Agreement is an integral part of the Terms of Use that apply generally to the use of our website. You should also carefully review our Privacy Policy before consigning products or goods through Linda’s Stuff.

Please feel free to give us a call or send us an e-mail as well with any additional questions--we love to hear from our clients!

Revenue Splits

The following are the revenue splits (“Revenue Splits”) for any “completed sale” of a consigned product: You receive 60% of the selling price (less any applicable sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity with respect to such sale) for items that sell for $999 and below, 75% for items that sell between $1,000 and $4,999, and 80% for items that sell for $5,000 and above. The aforementioned Revenue Splits are subject to adjustment, from time to time, as determined by Linda’s Stuff in Linda’s Stuff’s sole and absolute discretion.

Client Referral Policy

We love getting the seal of approval from our clients, so we're happy to reward those who refer us to their friends! Here's how it works: Clients are paid a one-time bonus of $25 per new client referred once the new client receives their first sales check.

Items we accept for Consignment

Linda’s Stuff focuses on high-end designer women’s, men's and children's clothing, shoes, scarves and other fashion accessories. Jewelry also sells amazingly well, as do home goods, and collectibles. Linda’s Stuff believes in thinking outside the box, so definitely let us know if you have other hidden treasures―the sky's the limit! We prefer the items to be gently used or new. We accept high-end designers (i.e. Chanel, Prada, Gucci, Hermes, etc), but we also list many contemporary brands (i.e. Tory Burch, Milly, DVF, Theory, etc) so feel free to contact us with your items, and we’ll let you know if we can list them for you. Don’t be afraid to ask questions. We are always happy to help and can be reached Monday through Friday from 9 a.m. to 5 p.m. EST.

We reserve the right to accept or not accept brands or items in our sole and absolute discretion. We do not accept certain “non-high-end brands” brands such as Gap, Old Navy, Jones New York, Forever 21, Talbot's, Ann Taylor, Linda Allard Ellen Tracy, Dana Buchman, etc. While they're great brands, they just don't have a high re-sale value on eBay. This is only a sampling of the brands we do not accept―we would love to consult with you about the items you're looking to sell prior to sending, so please feel free to give us a call to chat about your fabulous items!

Complimentary UPS Pick-Up or UPS Pre-Paid Labels

• As a service to our clients, we provide complimentary pick-ups of your items. We can set up a free UPS pick-up for our clients within the continental US. Here are some important tips to help you through the process:
  • We can email you UPS pre-paid labels. All you need to do is print them out and take them to a UPS drop off location or schedule a pick-up using these pre-paid labels.
  • UPS can pick up at your home or office Monday-Friday. They will come anytime between 9am-7pm and the driver will bring the pre-paid label (unfortunately you cannot request a specific time). It is important to schedule the pick-up at least 24 hours in advance.
  • Clearly label the box with your return address and our shipping address: 330 South Warminster Rd, Suite 340 Hatboro, PA 19040
  • We strongly suggest that you put your items in a plastic trash bag and place them in the box. Additionally, include your full contact information as well as the Company’s information both on and inside the box. This will aid in preventing any loss of items should your box be damaged.
  • Please make sure to securely seal your box. Please know that our pick-ups are not insured and we are not responsible or liable for packages that are lost or damaged. Our labels include appropriate tracking information, but there is no guaranty that your items will arrive safety.

Linda’s Stuff will contact you:

✓ When your boxes arrive.
✓When your items are inventoried and listed. (you’ll receive an inventory with our proposed starting prices, items we are un-able to sell and your own secure personal code to follow your auctions).

The Process

The process of receiving boxes, creating an inventory of your items, photographing them and listing them typically takes about three to five business days. If you haven't heard from us within two weeks of receipt of your items, feel free to give us a call or send over an e-mail!

Consignor’s Representations, Warranties and Indemnification

The Consignor hereby represents and warrants to Linda’s Stuff that Consignor has good and marketable title to any and all products that Consignor sends to Linda’s Stuff, or otherwise directs Linda’s Stuff to consign in connection with this Agreement, none of which are subject to any liens or other encumbrances, and that Client possesses all right and authority to consign such products through Linda’s Stuff. Consignor acknowledges and agrees that Linda’s Stuff shall have no obligation to verify Consignor’s ownership or right to consign, sell, donate or dispose of such products. Consignor further represents and warrants to Linda’s Stuff that the products consigned pursuant to this Agreement are not in violation of any trademark, copyright, or other proprietary right of any third party, state or federal law, or administrative regulation. The Consignor hereby agrees to indemnify and hold harmless and defend (with counsel selected by Linda’s Stuff) Linda’s Stuff, together with its directors, officers, employees, agents, affiliates and successors and assigns, from and against all claims, losses, damages, liabilities, suits, litigation, judgments, awards, penalties, costs and expenses of whatever kind (including but not limited to attorney’s fees and the costs of enforcing any right to indemnification under this Agreement), that may arise out of, or in connection with: (i) the display or sale of Consignor’s products 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, (ii) any defect in Consignor’s products; (iii) Consignor’s negligence, misconduct, or breach of this Agreement; (iv) Consignor’s violation of any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, other requirement or rule of law; (v) Consignor’s products or their condition, or any representations or warranties made by Consignor or its representatives with respect to any Consignor products or their condition; (vi) any death of or injury to any person, damage to any property or other damage or loss due to any defect in or use of any product of Consignor; (vii) Consignor’s failure to have good and marketable title to any Consignor products free and clear of any liens or encumbrances; or (viii) any shill bidding undertaken by Consignor or any Consignor Party.

Authentication

We at Linda's Stuff pride ourselves on only selling 100% authentic designer items. We reserve the right to work with professional authenticators to verify the authenticity of your items at our discretion. Should an item be deemed inauthentic, or if the authenticity cannot be conclusively determined, you will be charged a $25 fee per inauthentic item (“Inauthentic Fee”) on the next scheduled invoice to cover the authentication expense we incurred. Alternatively, the Company may bill you separately for Inauthentic Fee or deduct such amount from any payments the Company may owe you. Should there be items we are unable to sell due to authenticity issues, return shipping is at your expense ($25 per box). If you do not wish to have items returned to you, we will gladly donate them on your behalf.

Selling Strategies

With over twenty years’ experience of turning fashion assets into cash for our clients; we implement various strategies to help your items sell their best:

Auction: The majority of our items begin their run at Linda’s Stuff with a 7 day auction at a price that encourages bidding among interested buyers.

Fixed Price Best Offer:This is a strategy frequently used that allows shoppers to achieve instant buying gratification by “winning” an item immediately without participating in an auction. Buyers can also submit offers for consideration, and only reasonable offers are accepted.

Price Reductions: After three months we will start reducing the buy it now price by up to 30% to encourage more offers and will continue to reduce the price periodically thereafter until the ninth month.

Special Sales: As a way to help sell store inventory, we occasionally offer buyers up to 50% off some of our fixed price merchandise. These promotions have been proven to help your items sell, and they are a valuable method for earning you cash for your items.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NEITHER LINDA’S STUFF, NOR ANY PERSON ACTING ON ITS BEHALF, MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY BID AMOUNT, OFFER, OR SELLING PRICE FOR THE CONSIGNOR’S PRODUCTS.

Shill Bidding Policy

In accordance with the terms and conditions of eBay’s policy, each Consignor and those persons related or otherwise connected to such Consignor (collectively, “Consignor Parties” and each, a “Consignor Party”) are prohibited from participating in shill bidding, where a Consignor and/or a Consignor Party bids on a Consignor’s items with the intent to increase the selling price. In the event a Consignor or Consignor Party participates in Shill Bidding, Linda’s Stuff reserves the right to take whatever action necessary to ensure that the Consignor, Consignor Parties, and Linda’s Stuff are in compliance with the terms and conditions of eBay’s policy. This includes, but is not limited to, action to compensate for damages or fees and removal of the eBay listing.

Administrative Fee

Linda’s Stuff charges an Administrative of $15 for every item sold through Linda’s Stuff. The Administrative Fee is deducted from the total selling price of each consigned item and will be reflected in your sales update.

Payment Process

Notwithstanding anything herein to the contrary, payment is only made to you following a “completed sale” and if the amount owing to you is greater than or equal to $25.00. If the amount owed to you as a result of a completed sale(s) is less than $25.00, then Linda’s Stuff will refrain from remitting payment to you until the earlier of (i) the month following the month that the balance owed to you is greater than or equal to $25.00 as a result of additional sales, or (ii) the fourth month following the month of the initial “completed sale”.

A “completed sale” occurs when all of the following events have transpired: (i) an item has been purchased, paid for, and shipped to the applicable buyer; and (ii) the 30-day return period has expired. Buyers have twelve (12) days before they are required to pay for an item, and thirty (30) days to return an item. Returns and items that buyers do not pay for are re-listed.

Credit Payment Process 

Right to Receive SMS

Withholding Payment

In the event that any dispute arises out of this Agreement, Linda’s Stuff shall have the right to withhold any payment to Consignor.

Relationship of the Parties

Regarding all matters relating to this Agreement, this Agreement creates an independent contractor relationship between the parties. Nothing contained in this Agreement shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint ventures, co-owners, or otherwise as participants in a joint or common undertaking, or (iii) constitute any party, its agents, or employees as employees of any other party or grant any of them the power or authority to act for, bind, or otherwise create or assume any obligation on behalf of any of the other parties for any purpose whatsoever.

Force Majeure

Linda’s Stuff shall be not liable or responsible to Consignor, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond Linda’s Stuff’s reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, pandemic, epidemic, health emergency, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of Linda’s Stuff.