Consignment Agreement

THIS CONSIGNMENT AGREEMENT ("Agreement") is a binding agreement between the Consignor ("You"), and Just For You Baby Antiques & Vintage Attic (the "Consignee").

  1. Nature and Scope
    Consignor and Consignee want to get into this Agreement whereby Consignor distributes and Consignee accepts Consigned goods, as stated herein, under the terms hereof.

  2. Consignment of Goods
    Consignor shall deliver to Consignee at the elected sites or storehouses (the "Facilities") or ship to Consignee's business at (will be provided upon agreement) quantities of Goods (the "Consigned Goods") at Consignor's expense as are described in the Consignments Inventory Form and Consignee shall accept such Consigned Goods for sale on a consignment basis, for the prices agreed upon, according to the conditions of this Consignment Agreement.

  3. Payment of Consigned Product
    1. The Consignee agrees to use its best efforts to sell the goods for the benefit of the Consignor and to account to the Consignor for such sales within ninety (90) days.
    2. Sales made by Consignee may be in cash or credit card. Monies dispersed to Consignor shall be in the form of Paypal or Check. The Consignee shall deliver the sale proceeds to the Consignor, less commission, sales tax, and shipping cost, at the time of the accounting.
    3. The Consignee agrees to accept its commission, in full payment for its performance under this agreement, an amount equal to thirty five percent (35%) of sales price of the goods.

  4. Disposition of Goods
    In the event that the Consigned Goods are not sold after ninety (90) days, the Consignee, at its choice, may elect to (i) assign to return to Consignor the Consigned Goods at the expense of the Consignee and/or (ii) donate to charity.

  5. Risk of Loss; Insurance
    The risk of unintentional loss or devastation of the Consigned Goods while in the possession of Consignee shall be borne by Consignor. Consignee shall have no liability to Consignor as a bailee, or otherwise with respect to Consigned Goods apart from any damages may be directly and proximately caused exclusively by Consignee gross negligence or Consignee intentional damage to, or destruction of, Consigned Goods. It shall be the responsibility of the Consignor to sufficiently insure the Consigned Goods at its own cost, for the benefit of and in the name of Consignor.

  6. Termination
    This agreement is not assignable and may be terminated by either party on fifteen (15) days written notice to the other.

  7. Compliance with Laws
    Consignee shall cooperate fully to effect fulfillment with any law, rule or regulation governing the Consigned Goods. Moreover, Consignee represents and warrants that it books of account shall imitate that the Consigned Goods are shipped and delivered to Consignee as a consignment and not as a sale.

  8. If any part of this agreement is adjudged invalid, illegal or unenforceable, the remaining parts shall not be affected and shall remain in full force and effect.

  9. This agreement shall be binding upon the parties, and upon their heirs, executors, personal representatives, administrators and assigns. No person shall have a right or cause of action arising out of or resulting from this agreement except those who are parties to it and their successors in interest.

  10. This agreement, including any attached exhibits and addenda, constitutes the entire agreement of the parties. No representations or promises have been made except those that are set out in this agreement. This agreement may not be modified except in writing signed by all of the parties.

  11. You agree to be bound by any electronic affirmation, assent or agreement transmitted through Just For You Baby Antiques & Vintage Attic' web site. You represent and warrant that you have the authority to agree to this Agreement. You agree that any decision or action to click on an "I agree", "I accept", or other similarly worded "button" or entry field using a mouse, keystroke or other computer device, will indicate your agreement and will be legally binding and enforceable and the legal equivalent of your handwritten Signature.

By clicking "I AGREE" on the Consignment Form, you acknowledge (a) that you have read and understood this Agreement; (b) that this Agreement has the same force and effect as a signed agreement; (c) that this agreement constitutes the entire agreement between Just For You Baby Antiques & Vintage Attic and You and governs your use of the Consignment Services, superseding any prior agreements between you and Just For You Baby Antiques & Vintage Attic pertaining to the Consignment Services; (d) that you agree to be bound by the Consignment Policy and all Terms and Conditions of Just For You Baby Antiques & Vintage Attic, including without limitation, all documents, policies and procedures incorporated herein by reference.