Consignment Agreement
We are so happy to have you join our consignment boutique. By electronically signing this agreement and/or by delivering items for consignment with us you are agreeing to the terms and conditions of this agreement.
Modo Boutique reserves the right to make changes to the Terms on Conditions at any time in its sole discretion. It is your responsibility to review the Terms and Conditions posted on our website. Each instance you consign items with us you accept the agreement as modified.
I (“the Consignor”) have read Modo Boutique’s Consignment Agreement. I understand that by signing this, I am agreeing to all of the Terms and Conditions outlined below.
A. Pricing. Modo Boutique makes the final selection regarding all items placed on consignment. Anything not accepted needs to be arranged to be picked up within 7 days, or will be donated. Modo Boutique sets prices on all consigned items based on the current resale market. You will receive an email with the pricing for your accepted items and we are happy to work with you on any changes you would like to make. Monthly markdowns of 20% apply to each item that stays past 30 days.
B. Consignment Period and Donation Policy. There is a monthly $1 fee to have items on consignment with Modo Boutique. All items are consigned for approximately 120 days. Items cannot be returned to the Consignor without a $10 per item fee before 60 of the 120 days has passed. The consignor will be given a personal online account to track their consignments. At the end of the consignment period, the Consignor will be notified via email of any remaining items and given the opportunity to make arrangements to reclaim those items. Unsold items not picked up become the sole property of Modo Boutique to donate or use at our discretion. Payout to the Consignor can be issued by request at any time via check, Venmo or Paypal once the sold item has passed Modo Boutique's 14 day return window. A $1 fee per payout will be applied. Payouts can be requested via email, Modo's website, phone call or an in-person storefront request. The consignor can check their balance anytime by logging into their consignor access account.
Payouts are based on the table below.
Final Sale of Item
Less than $500 - Consignor Percentage: 40%
$500 and above - Consignor Percentage: 60%
Modo Boutique’s percentage includes all fees associated with eBay, Paypal or and card processing. Modo Boutique will pay the Consignor the net proceeds received and collected from the sale of the property after receiving payment from the buyer and deducting its commissions.
C. Condition of Items: The consignor can bring in any amount of items to consign at any time, during regular business hours. Items should be clean and free of any stains, holes or smells. Any item with dry cleaning or repairs needed will be deducted from the consignor’s account. If an item needs to be returned, an email will be sent and the consignor needs to make arrangements to pick it up within 7 days or it will be donated.
E. Returns: Modo Boutique accepts returns of items sold online and in-store from customers who are not satisfied with their purchase for any reason. The Consignor’s account will be debited for all returns accepted under Modo Boutique’s return policy.
F. Limitation of Liability: Modo Boutique will take diligent care of the consigned pieces to the best of its ability. Modo Boutique does not cover losses to consigned property for theft or damages. This includes any damage caused by a customer, fire, flood, earthquakes, stains, tears, missing pieces, damage caused during shipping, or any other damage with no exclusions of man made or natural damages to consigned items.
G. Inactive Account: After two (2) consecutive years of inactivity on the Consignor's account, Consignor will forfeit any unclaimed Accrued Consignor Balance, and Modo Boutique will be under no obligation to issue payment.
H. Legal Right to Consigned Items and Authenticity: The consignor guarantees that all items consigned to Modo Boutique for sale are lawfully and entirely owned by the Consignor or that they are acting on behalf of a person(s) who has given them the authority to sell such items on their behalf. The Consignor guarantees to indemnify Modo Boutique for any damages, penalties, fines, fees or judgments for any issue arising due to the rights of the lawful owner of the merchandise being place on consignment. Only original, authentic designer items are accepted by Modo Boutique for consignment. By submitting items for consignment, the Consignor states that the items are authentic designer items and not counterfeit or “knockoffs”. All disputes pertaining to this Agreement will be resolved through Arbitration in Portland, Oregon according to American Arbitration Association (“AAA”) rules. The prevailing party will be entitled to attorney fees and costs of arbitration.
This Agreement replaces all prior consignment agreements or verbal discussions between Consignor and Modo Boutique in their entirety.
By signing below, or submitting this form online, I certify that I (“the Consignor”) fully understand and agree to all of the Terms and Conditions in this Consignor Agreement. I also state that all information on this is true and correct.
