CONSIGNMENT TERMS AND CONDITIONS

Consignment Terms and Conditions

These terms and conditions create a contract (the “Agreement”) between the consignor (“you” or the “Consignor”) and RobbinsRowdies, LLC (“we” or “RR”). Please read this Agreement carefully. ONCE YOU AGREE TO THIS AGREEMENT, IT WILL REMAIN IN EFFECT UNTIL YOU OR RR TERMINATES IT.


Clothing items Accepted for Consignment.

1. Kidswear. We accept new with tags, unworn, or freshly laundered, used goods in very good to excellent condition. Goods should be boys & girls’ clothing and accessories, sizes newborn - teen/junior. Kids items accepted include: Shirts, Tees, Sweatshirts, Sweaters, Dresses, Jeans, Pants & Leggings, Skirts, Shorts, Coats & Jackets, Costumes, Sleepwear, Athleisure, Dancewear, Swim, Jewelry, Hair Accessories & Hats, Bags, & Backpacks, Cold Weather Accessories, Shoes, Socks & Tights.

2. Kids items NOT ACCEPTED include: Used Underwear, School or Local Business Gear.

3. Maternity. We accept new with tags, unworn, and freshly laundered in very good to excellent used maternity clothing. Shirts, Tees, Sweatshirts, Sweaters, Dresses, Jeans, Pants & Leggings, Skirts, Shorts, Coats & Jackets, Athleisure, Formalwear, Swimwear, Sleepwear, Nursing Gear, & Nursing Bras (unworn with tags only).

4. Maternity items NOT ACCEPTED include: Used Underwear or Bras.

PLEASE NOTE THAT RR WILL NOT ACCEPT ANY ITEMS WITH HOLES, TEARS, STAINS, PILLING, MISSING BUTTONS OR TRIM, OR BROKEN ZIPPERS. ALL ITEMS INCLUDING SHOES MUST BE FRESHLY LAUNDERED, AND FREE OF PET HAIR, ODORS, INSECTS OR ANY OTHER CONDITION THAT IMPAIRS THE SALE ABILITY OF SUCH ITEM IN RR’s SOLE DISCRETION.

Getting Started with RR Kids Consignment

1. To consign items, please go to the 'Consign' link on our site to enter all necessary information.

2. After sign-up, RR will reach out to you to determine pick up, drop off, or shipping items.

3. Whether dropping off or shipping items using your own shipping materials, RR strongly suggests wrapping items in a trash bag to prevent water damage during transport/shipping, and to include your full contact information, including return address, phone number and email in the shipping package..

RR Review Process

1. All goods sent or delivered to RR will be thoroughly reviewed for consignment eligibility, including wear and tear, quality of goods, seasonality and aesthetic. RR RESERVES THE RIGHT TO REFUSE ANY ITEMS WE DEEM ARE UNSALEABLE DUE TO LOW RESALE VALUE, CONDITION, AUTHENTICITY OR OTHER ISSUES AT ANY TIME DURING THE CONSIGNMENT PERIOD AND SHALL HAVE NO OBLIGATION TO COMPLETE ANY SALES PERIOD FOR ANY SUCH ITEMS DEEMED UNSALEABLE.

2. The process of reviewing goods, creating an inventory of those items accepted for consignment (each and collectively, the “Property”), and photography will happen at the earliest possible date.

3. For any items not accepted for consignment via shipment will be donated to an organization of RR’s discretion. For in person appointments, all unchosen items will need to be taken away by consignor, or donated by RR if consignor chooses.

Sales of Consigned Goods

1. Consignment Period. The 90-day consignment period begins when the Property is first put up for sale on any of the RR sales channels. Property may be accepted for a future season and held until the appropriate time to launch for sale. RR reserves the right to extend the period of sale past 90 days in its sole discretion.

2. Net Sales Price means the price at which Property is sold, less applicable discounts and promotions and excluding taxes and shipping. THE NET SALES PRICE SHALL BE DETERMINED BY RR IN ITS SOLE DISCRETION. .

3. RR will conduct promotions & sales as needed to manage its business without any need for prior approval from Consignor. .

4. Commissions. Consignors will receive a commission of 40% of the Net Sales price of Property sold by RR. THE PARTIES AGREE THAT RR MAY AMEND THE COMMISSION PERCENTAGE UPON WRITTEN NOTICE TO CONSIGNOR. .

5. Payment. Consignors can receive proceeds of Property as:
1. Venmo/CashApp;
2. Mailed check;
3. Other forms of payment TBD.

6. Consignor’s Representations, Warranties and Indemnification. The Consignor hereby warrants to RR that it has good and marketable title to the Property, none of which is subject to any liens, security interests or other encumbrances, and further warrants to RR that the Property consigned pursuant to this Agreement is not in violation of any trademark, copyright, or other proprietary right of any third party or of any state or federal law or administrative regulation. The Consignor hereby agrees to indemnify and hold harmless RR from all 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 Property for any reason whatsoever, including but not limited to civil or criminal claims regarding authenticity, legality, ownership, infringement of copyright or trademark or any other claim that may exist in law or equity.

7. Delivery of Property; Risk of Loss; Insurance. RR will accept Property from you on a consignment basis only. You are responsible for all risk of loss or damage to the Property until RR takes physical possession of it;. If Property is damaged, stolen, or lost while in RR’s possession, it will be deemed Sold and RR will pay you a commission on such Property. The commission will be based on the estimated Net Sales Price of the damaged, stolen or lost Property, which will be determined solely by RR. Payment of the Net Sales Price for the damaged, stolen or lost Property shall constitute Consignor’s sole remedy and entire recourse against RR for such Property, and the parties agree that payment of the Net Sales Price for the damaged, stolen or lost Property shall be in lieu of any other remedy otherwise available as a matter of law or equity.

8. Title to Property. You will continue to own and have title to Property until the Property is “Sold.” Property will be considered Sold when: it is sold by RR to a customer and not returned to RR within the period specified in RR’s then-current Return Policy it is lost, stolen, damaged, or destroyed while in RR’s possession.

9. Unsold Property. For Property remaining unsold after the sales term, RR will donate to an organization of their choosing.

Miscellaneous.

1. Notices. RR shall provide all notices to you at the email address or physical address that you have provided to RR. You are solely responsible for keeping that information current with RR. You hereby agree that any and all agreements, notices, disclosures, and other communications that RR provides electronically to you shall satisfy any legal requirement that such communication be in writing.

2. Entire Agreement. This Agreement, 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.

3. 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.

4. 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.

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

6. 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.

7. Amendments. No amendment, modification or waiver of any terms of this Agreement shall be valid unless it is written and approved by all parties to this transaction.

8. Choice of Law. This Agreement and any breach thereof or claims relating to or arising therefrom shall be construed and governed by the laws of the State of Georgia .