Atalaya Outfitters, LLC
This Atalaya Outfitters, LLC Merchandise Consignment Agreement (the “Agreement”) is effective as of the date printed above (the “Effective Date”), and is entered into between Atalaya Outfitters, LLC (the “Company”) and the consignor printed above (also referenced as “Consignor,” “you,” or “your”) (and when referenced together, the “Parties”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
CONSIGNMENT TERMS
Acceptance of Merchandise
The Company will enter each item consigned by Consignor into its merchandise database (collectively, the “Merchandise”). All Merchandise is subject to the terms of this Agreement. Consignor agrees that Company may not accept all items of Merchandise for sale, and that such decision is in the Company’s sole discretion. Consignor agrees to follow the Company’s acceptance procedures and instructions for preparing Merchandise for consignment. Merchandise should be gently used, clean, and free of rips, tears or other defects. Merchandise may not be cross-listed for sale on other platforms while in the possession of the Company.
Sales Proceeds
Consignor may suggest an asking price for each piece of Merchandise, or Company may set the price based on its experience with similar goods. Consignor will receive payment for Merchandise that is sold as follows:
Original Consignment Asking Price Consignment Value
$0 - 150 You take 50% of the sale
$151 - 300 You take 60% of the sale
$301 - 600 You take 70% of the sale
$601+ You take 80% of the sale.
The pay scale applies to each item individually. You cannot stack your items together to get into a higher bracket.Payment will be made by e-check, electronic deposit, or store credit, at the election of Consignor. If Consignor elects to receive store credit, Consignor will receive a 10% bonus on the net proceeds.
Price Reduction After 30 days, the Company may, at its sole discretion, reduce an item’s price by 10% of the original asking price. After 60 days, the Company may reduce an item’s price by 20% of the original asking price.
Time Limits
Items must stay at least 30 days. All items have up to 120 days to sell once consigned. You are solely responsible for retrieving any unsold items on or before the 120-day expiration date. All Merchandise that is not retrieved by you on or before 120 days after the date of consignment will become the sole property of the Company unless otherwise agreed in writing.Payment
It is the Consignor’s responsibility to keep track of the sales status of Merchandise and update their preferred method of payment (e-check or electronic). The Company provides a convenient way to track sales status through a Consignor login portal. Use your email address and password to sign in. At the end of each month, the Company will create a sales report and send payments via e-check or electronic service for each item sold no later than the 15th day of the following month.
Rightful Ownership
By signing this Agreement, you attest that you are the sole owner of the Merchandise, that you have full authority to consign the Merchandise, and that you will indemnify, defend, and hold harmless the Company in the event a third party claims an ownership of, or interest in the Merchandise.
Limitation of Liability
Consignor agrees to hold harmless and release the Company from any liability for loss or damage of any kind to Merchandise while in the Company’s possession, including loss or damage caused by the Company’s own negligence or intentional acts. The Company does not warrant that Merchandise will sell, regardless of condition or sale price, and the Company assumes no liability for pricing an item on behalf of Consignor or providing a pricing opinion to Consignor.
Indemnification
Consignor agrees to indemnify, defend and hold harmless the Company from any and all third-party claims, liability, suits, proceedings, demands, attorney’s fees, losses, or damages of any nature arising out of the Company’s sale of, or a third party’s use of the Merchandise.
Relationship of the Parties
The relationship of the Parties is strictly that of consignor-consignee.
Modification; Severability
Consignor agrees that Company can change the terms of this Agreement at any time after execution of this Agreement upon 30 days-notice to Consignor via the email address listed above. Any provision of this Agreement held to be invalid or unenforceable will not affect the validity or enforceability of any other provision hereof.
Entire Agreement
This Agreement constitutes the entire understanding of the Parties and supersedes all prior or contemporaneous agreements, representations or negotiations, whether oral or written, with respect to the subject matter hereof.
IN WITNESS WHEREOF, the Consignor has executed and delivered this Agreement to the Company as of the Effective Date.