This consignment agreement (The “Agreement”) is between 9476-6649 Quebec Inc. (Bags for Breakfast) registered at 11475 Rue Philippe Hebert, Montreal, QC (The “consignee”) and (The “consignor”) FULL NAME who resides at ADDRESS.
This agreement is governed by the terms and conditions listed below. Upon receipt Bags for Breakfast will be responsible for the following services for your item(s): authentication, secondary appraisal, product description, online promotion, and sale.
Payment:
Bags for Breakfast will initiate payment to the consignor upon receipt of funds from the sale. Payments will be made through bank transfer or paypal.
Selling of item:
Bags for Breakfast undertakes selling your item(s) through our online presence. This agreement is valid for 120 days upon receipt of the item(s). We undertake the responsibility for credit card payment associated fees, sales tax.
**Cancellation clause: Should the consignor choose to withdraw their item before the 120 days the consignor will be responsible for a termination fee of $400.00 CAD plus any applicable taxes.**
Counterfeit/Stolen/Unauthenticated items:
Bags for Breakfast has a zero tolerance policy for counterfeit items, in the event that your item is not authentic the consignee will be responsible for payment of $500.00 CAD plus applicable taxes and shipping.
IF
Bags for Breakfast cannot confirm that your item is authentic, Bags for Breakfast has the right to refuse your item. In the event that your item(s) is refused we will contact you prior to returning your item.
IF
Your item is deemed stolen, Bags for Breakfast will work with law enforcement to ensure that the item will be returned to its rightful owner.
Non transfer clause:
This agreement shall not be transferred to any third party without prior authorisation from Bags for Breakfast.
Item ownership:
The consignor will be considered the “owner” of the item(s) until it is “sold”. Items are considered to be sold when:
- An invoice is generated for the purchase of the item
- Payment has been received
Responsibility:
Bags for Breakfast is not responsible for the item(s) until it is received at one of our locations. Therefore we will not cover any costs associated with shipping the items to one of our locations. Should the item be lost or damaged during shipping it is not the responsibility of Bags for Breakfast. The consignor will maintain responsibility for the item.
Item delivery:
After signature of the consignment agreement. The consignor will be responsible for shipping the item to Bags for Breakfast within 10 business days.
Inquiries:
The consignor has the right to contact Bags for Breakfast at any time at the following email address for consignment related inquiries: consignment@bagsforbreakfast.com
Pricing of the item:
Bags for Breakfast will provide the consignor with a price quote for the sale of the item(s). Upon receipt of the item Bags for Breakfast will conduct an appraisal of the item(s). If the item condition is not as described in the quotation process Bags for Breakfast reserves the right to modify the quote for the sale. The consignor will be consulted in the event of any price change.
In the event of a price increase, the consignor has the option of increasing their asking price. Bags for Breakfast will offer a recommended percentage increase.
The consignor has the option to ask for a price decrease, a price decrease will be offered under a sale price on our website and social media platforms.
Your representations, warranties, and indemnification:
You hereby represent and warrant that (a) you have good and marketable title to each item of property and have the right to consign and sell the property; (b) none of the property is subject to any liens or other encumbrances; (c) the property does not include counterfeit goods; and (d) the property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.
You hereby indemnify and hold Bags for Breakfast harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by Bags for Breakfast as a result of or arising in any way out of Bags for Breakfast’s display or sale of the property, including but not limited to, civil or criminal suits over authenticity or ownership of property, legality of sales, or copyright or trademark infringement. This agreement, or the breach thereof, and all claims of any kind relating to or arising out of this agreement and the relationship between you and Bags for Breakfast, whether tort, contract, or statutory, shall be governed by the laws of Quebec, Canada without regard to its conflicts of laws principles. In any case of dispute the dispute shall be settled in the courts of Quebec, Canada.
If you have any consignment & selling-related questions, please contact us at consignment@bagsforbreakfast.com
By consigning with Bags for Breakfast, you hereby affirm agreement with all of the points outlined in this document and that you are the lawful owner of all the merchandise you are to send to us, and that to your best reasonable knowledge, you believe the items to be authentic. This agreement can be terminated upon receipt of written notice signed by you, subject to the cancellation clause described above.
