Skorzie Consignment Agreement

 

Skorzie Consignment Agreement Logo

930 S Andreasen Drive, Ste. F

Escondido, CA  92029

www.skorzie.com

info@skorzie.com

(858) 945-0197

 

Upon consigning goods or products through SKORZIE, you will be deemed to have agreed to the terms of this consignment agreement (“Agreement”) which are binding upon you and SKORZIE. Either party may elect to terminate this Agreement at any time.

We welcome your phone call or email with any additional questions–we love to hear from our SKORZIE consignors and customers!

SKORZIE Consignment Agreement

Revenue Splits

The following are the revenue splits (“Revenue Splits”) for any items consigned to SKORZIE as of March 15, 2020: You receive 50% of the selling price for any item that sells on our website if you redeem that for credit on our site and 40% of the selling price for any item that sells on our website if you redeem for cash payment. Please note that if you shipped your item to us, the cost of shipping is deducted from your payout. The aforementioned percentages are subject to change as determined by SKORZIE who has the sole and absolute discretion to make adjustments.

Items we accept for Consignment

SKORZIE focuses on golf and tennis apparel and accessories for women, including shoes and hats. We are sensitive to quality control. Consider what you would want to purchase from our site and use that as your guide! Please send clean, new, near new or very gently used items. These items will earn you cash or credit. Don’t be afraid to ask questions. We are always happy to help and can be reached Monday through Friday from 10 a.m. to 4 p.m. PST at info@skorzie.com or (858) 945-0197.

Items we don’t accept for Consignment

We reserve the right to accept or not accept items in our sole and absolute discretion. We do not items that are stained or soiled, faded, with wear and tear or have had major alterations―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!

UPS Pick-Up, USPS or UPS Pre-Paid Labels

  • As a service to our clients, we arrange labels for the pick-ups of your items. We can set up your UPS, USPS or FedEx pick-up for you within the continental US. There is no cost upfront to you, however the price of shipping will be deducted from the sales revenue of your item/s. Here are some important tips to help you through the process:
    • We can email your pre-paid shipping labels. All you need to do is print them out and take them to the appropriate drop off location or schedule a pick up using these pre-paid labels.
    • If using UPS or FedEx, they can pick up at your home or office Monday-Friday. They will come anytime between 9am-7pm (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 in addition to our shipping label.
    • We strongly suggest that you put your items in a plastic trash bag and include your full contact information in 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. However, we have appropriate tracking information to make sure it’s safely on its way

SKORZIE will contact you:

  • When your box arrives.
  • When your items are inventoried and listed. (you’ll receive an inventory with our proposed starting prices, and items we are un-able to sell if applicable.)

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 warrants to SKORZIE that it has good and marketable title to the products none of which are subject to any liens or other encumbrances and further warrants to SKORZIE 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 SKORZIE) SKORZIE from all claims, losses, damages, suits, litigation, awards and costs, including but not limited to attorney’s fees that may arise out of the display or sale of the 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.

Price Reductions and Special Sales:

Skorzie may offer at anytime, discounts, sales or other forms of price reductions to encourage sales of items and will also reduce the price of items for items that do not sell within 90 days.

Payment Process

Please note the time it takes from when we accept your item to when we fund you your share of the item’s sales price. Items are listed for up to 90 days to sell and there is a 14-day delivery window. There is also a 14-day return window. Pay-outs occur after these time windows are fulfilled. Thank you for your patience. It is worth it!

Privacy

SKORZIE will only divulge information concerning this account to the signatory of this Agreement and any individuals listed expressly below.

Name:_____________

Name:_____________

Entire Agreement

This Agreement (as may be modified from time to time by SKORZIE in its sole and absolute discretion), including all attachments, constitutes the entire agreement among the parties to this transaction and replaces all prior agreements, communications and representations. No agreements, communications or representations made by any party to this Agreement that is not expressly stated in this Agreement are legally binding.

No Implied Waiver

Either party’s failure to insist, in any one or more instances on strict performance by the other party of any of the terms to this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Severability

If one or more of the provisions of this Agreement shall be declared or held to be invalid, illegal, or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and any such declaration or holding shall not invalidate or render unenforceable such provision in any other jurisdiction.

Headings

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

Counterparts/Electronic Signature

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, email, or other electronic medium shall have the same force and effect as an original signature.

Amendments

SKORZIE reserves the right in its sole and absolute discretion to modify the terms of this Agreement from time to time. SKORZIE will use commercially reasonable efforts to notify you if the terms of this Agreement have changed. All items received after the date of such modification will be subject to the new terms. If you do not agree to any revised terms, your sole recourse is to terminate this Agreement. To the extent that you do not terminate this Agreement following a modification of the terms by SKORZIE, you will be deemed to have accepted all such modifications to this Agreement.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF SKORZIE SERVICES IS AT YOUR SOLE RISK. SKORZIE’s CONSIGNMENT AND OTHER SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. SKORZIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

SKORZIE MAKES NO WARRANTY THAT SKORZIE’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SKORZIE AND IT’SAFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES (EVEN IF SKORZIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:

(A) THE USE OR THE INABILITY TO USE SKORZIE’S SERVICES OR SKORZIE’S WEBSITE,

(B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,

(C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT PROPERTY, OR

(D) ANY OTHER MATTER RELATING TO SKORZIE’S SERVICES OR THIS AGREEMENT. IN NO EVENT WILL SKORZIE’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PROPERTY HEREUNDER.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF SKORZIE’S BUSINESS, AND SKORZIE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.

Choice of Law

This agreement shall be construed and governed by the laws of the State of California. Furthermore, you and SKORZIE hereby agree to submit to personal jurisdiction of the courts of Sa Diego County, California.

Contact us! We would love to hear from you! Feel free to contact SKORZIE via e-mail at info@skorzie.com. Do not hesitate to call us at (858) 945-0197. Our office hours are Monday – Friday from 10:00 AM to 4:00 PM PST. If you have a concern over the weekend, feel free to leave us a message or give us a call on Monday morning, and our Client Services staff will be happy to assist you.

Thanks so much for your interest in consigning with us; we are excited to be your partner in golf and tennis fashion! We want to make the experience as simple and fun as possible, so we’ve put together this Consignment Agreement that serves as a guide to consign with us.

We ask that you please include this Agreement in your box of items you send to us. You can also sign, scan and email to info@skorzie.com. We cannot start the listing process until we receive the signed agreement and one of the below boxes is checked.

Consignment Period-Unsold Items

THE CONSIGNMENT PERIOD SHALL BEGIN ON THE DATE YOUR ITEMS ARE LISTED. WE’LL CONTINUE TO RELIST YOUR ITEMS FOR UP TO 90 DAYS YOU NOTIFY US OTHERWISE. IF YOU HAVE ITEMS THAT REMAIN UNSOLD AFTER 90 DAYS, IT’S YOUR RESPONSIBILITY TO CONTACT US TO ARRANGE THEIR RETURN TO YOU (RETURN SHIPPING HAS A $10.99 FEE PER BOX). AT THE END OF 90 DAYS IF WE DON’T HEAR FROM YOU, THOSE ITEMS WILL BECOME THE PROPERTY OF SKORZIE.

Items We Are Unable to List

SKORZIE reserves the right to refuse to list any items we deem are unsellable due to low resale value, condition, or style. You will have the option to have your items returned (all return shipping is at your cost of $10.99 per box) or donated to charity for which you will receive a tax donation slip.

Please check one box below with your choice of how we can proceed with all of the items we are unable to list.

Return Items

(Shipping cost is $10.99 per box)

Donate Items

(Items will be donated; and a tax deduction receipt will be mailed at your request)

AGREED AND ACCEPTED BY:

Consignor Name: _____________

Consignor Signature: _____________

Date: _____________

AGREED AND ACCEPTED BY:

SKORZIE, LLC: _____________

Name: ____________

Date: _____________