Consignment Agreement

Thank you for consigning with The Green Peach. Before we can get you started consigning your children’s gently used items,  please read our Consignment Agreement closely. If you are satisfied with the terms and conditions contained herein, please sign.

WHEREAS:

  1. The Green Peach is in the business of selling consigned baby’s and children’s, clothing and gear (the “Business”); and
  2. The undersigned wishes to consign to The Green Peach clothing and gear relevant to the Business (the “Consigned Items”) and The Green Peach wishes to receive such Consigned Items, on the terms and conditions set forth in this Consignment Agreement (the “Agreement”).

NOW, THEREFORE, in consideration of the representations, warranties, covenants and agreements in this Agreement and for good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by each of the parties), the parties represent, warrant, covenant and agree as follows:

1. What We Accept.

1.1 Clean & Presentable. The undersigned agrees that all Consigned Items provided by the undersigned are in good condition, laundered, dustless, odorless, from a smoke-free environment, spot free, folded/packaged neatly and ready to be received by The Green Peach, including without limitation, ensuring all buttons are buttoned, and all snaps are snapped. The Green Peach will not accept any Consigned Items with tears, stains or which require repair. The Green Peach reserves all right to refuse any Consigned Items received by the undersigned, in its sole discretion.

We are not experts in the safety of apparel or gear, and we do not repair items, so please do not provide us with anything if you have any reason to believe that it could be unsafe for our - Oh so sweet! - little customers.

1.2 Quality. To maintain a high standard of quality, The Green Peach asks that all Consigned Items be fashionable and within the current trends. We accept the majority of stores/brands as long as they are in good quality and in current style.

1.3 Sizing and Seasons. The Green Peach accepts baby and children’s clothing up to size 6T and shoes up to toddler size 13. The Green Peach accepts items for every season all year round, however out-of-season items may be held until the proper season.

2. How It Works.

2.1 Consignment Drop Off. The undersigned may drop off clothing at the agreed upon appointment date and time. There is a limit of 30 items per month. Appointments will be no more than 30 minutes, and items will be reviewed for consignment

(a) When possible The Green Peach will inspect the consignment items during the scheduled appointment time. The Green Peach will advise what will be accepted and return items not accepted. If it is not possible to inspect the consignment items during the scheduled time, then The Green Peach will inspect the items and contact the undersigned by phone or email to advise if any items are not acceptable.

(b) The Green Peach reserves the right to refuse any Consigned Items received by the undersigned (deemed as an Unsuitable Item), including any Consigned Items already in the possession ofThe Green Peach. If The Green Peach deems a Consigned Item to be an Unsuitable Item, they will notify the undersigned of same within three (3) business days of drop off and provide the undersigned, at such time, the option to either:

(i) request that The Green Peach donate the Unsuitable Item;

(ii) request to pick up Unsuitable items: We ask that you pick up the items within 5 business days of our phone call or email as storage is at a premium. Items not picked up within this time will be donated.

If the undersigned elects to donate the Unsuitable Item pursuant to subparagraph 2.1(b)(i) the undersigned acknowledges and agrees that The Green Peach may donate the Unsuitable Item, in a manner determined by The Green Peach in its sole discretion, without further liability or obligation to the undersigned; and

(c) Following inspection, The Green Peach will set up a store account for the undersigned with the approved Consignment Items and the undersigned’s contact details. It is the responsibility of the undersigned to update The Green Peach of any changes to their contact details.

(d) Listing price will not be provided until the items are ready to be listed to consign. Consignment Items will be cross-referenced to current industry pricing, quality, brand, and current supply on hand. An email will be sent with the listing price within three (3) days. If you are unhappy with an item’s price, please notify us within 3 days if you would like that item held/unsold otherwise items will go live on The Green Peach.  

3. Consignment Period and Termination.

Consignment Period. As The Green Peach accepts Consigned Items for all seasons, year-round, The Green Peach reserves the right to hold the Consigned Items for a period of one (1) year prior to advertising for sale. For the purposes of this Agreement, the first day the Consigned Item(s) are advertised for sale by The Green Peach will be defined as the “Stock Date".

4. Pricing.

The Green Peach reserves the right to determine the prices for the Consigned Items, in its sole discretion. The Green Peach will consider comparable prices of similar items and of a similar quality and condition when pricing the Consigned Items. The Green Peach reserves the right to discount or hold a sale on the Consigned items, in its sole discretion.

5. Termination.

(a) If the Consigned Items are not sold within ninety (90) days of the Stock Date, this Agreement will automatically terminate (“Termination Date”) and the unsold Consigned Items will become the absolute property of The Green Peach seven (7) days after the termination date if Consigned Items are not picked-up, and may be disposed of or sold at the sole discretion of The Green Peach without further obligation or liability to the undersigned.

(b) Prior to the Termination Date, the undersigned may remove a Consigned Item from the undersigned’s account at the undersigned’s request. If all items are removed from the undersigned’s account, this Agreement will automatically terminate.

(c) A date will be given for pickup of unsold/held items, seven (7) days from the termination date of the Consigned Items stock date. Notifications are not provided for each sale or for pick-up reminders. Pick-up of items that do not sell is the clients responsibility. If items are not picked-up by the date provided, items will be donated at the discretion of The Green Peach.

6. Payment.

At the time of execution of this Agreement, the undersigned may select the following options for payment (to be selected at the end of this Agreement):

(a) a credit to the undersigned’s store account of 40% of the selling price of each Consigned Item sold; or

(b) direct payment to the undersigned via e-transfer of 30% of the selling price for each Consigned Item sold. A processing fee of $2.00 will be deducted from the balance of the payment for each e-transfer.

7. Liability.

The Green Peach will not be responsible, directly or indirectly, to the undersigned for any loss, damage or theft to the Consigned Items. If the Consigned Items are destroyed or damaged by fire or other casualty, this Agreement will automatically terminate without any further obligation or requirement of The Green Peach. All risk of ownership of the Consigned Items will remain with the undersigned for the duration of this Agreement. The Green Peach disclaims any warranties or representations about the safety or suitability of the Consigned Items. The Green Peach further disclaims any warranties or representations with respect to experience or expertise in manufacturing, repairing, or inspecting merchandise for safety, ease of use, or fitness for a particular purpose and therefore disclaims any responsibility for recalls, defective merchandise, or safe usage for any purpose.

8. Other Legal Stuff.

(a) The headings in this Agreement are aids for speedy reference and have no legal significance. The headings are not part of the Agreement and may not be considered for the purpose of interpreting it.

(b) No alteration of amendment to this Agreement will take effect unless it is in writing duly executed by the parties.

(c) This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein.

(d) The provisions of this Agreement constitute the entire agreement between the parties and supersede all previous communications, representations and agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement. (e) This Agreement is not assignable by the undersigned.

(f) The undersigned acknowledges and agrees that they have had the opportunity to obtain independent legal advice with respect to the subject matter of this Agreement if they choose to do so.

(g) Delivery of an executed counterpart of this Agreement by electronic means, including by facsimile transmission or in other form of electronic means capable of producing a printed copy, will be equally effective as delivery of a manually executed counterpart hereof. The Parties acknowledge and agree that in any legal proceedings between them respecting or in any way relating to this Agreement, each waives the right to raise any defense based on the execution hereof in counterparts or the delivery of such executed counterparts by electronic means.

Your signature indicates your acknowledgement and agreement to all of the terms of this document and the statements above.

***to be signed at scheduled appointment time***