Oh Baby! Consignment Co. LTD

1. Consignment Agreement

Thank you for consigning with Oh Baby! Consignment Co. Ltd. Before we can help you reduce-reuse-recycle your kids’ and mom’s clothing and gear, please read our Consignment Agreement closely. If you are satisfied with the terms and conditions contained herein, please sign.

WHEREAS:
A. OH BABY! CONSIGNMENT CO. LTD. (“OhBaby”) is in the business of selling consigned baby’s, children’s, mothers and mother’s-to-be clothing and gear (the “Business”); and
B. The undersigned wishes to consign to OhBaby clothing and gear relevant to the Business (the “Consigned Items”) and OhBaby 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 and Fresh. 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 OhBaby, including without limitation, ensuring all buttons are buttoned, and all snaps are snapped. OhBaby will not accept any Consigned Items with tears, stains or which require repair. OhBaby 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 Super Cute. To maintain a high standard of quality, OhBaby asks that all Consigned Items be of the following preferred stores/brands, or stores/brands of similar quality & style:
Aden & Anais, Adidas, ANGEL DEAR, Aritizia, A Pea in the Pod, Baby Gap/Gap Kids, Baby Boden, Babybjorn, Bambi & Birdie, Brok Boys, Calvin Klein, Converse, Crocs, DKNY, Gap, H&M, Hannah Andersson, Hatley, Hudson, Isabella Oliver, Iviva, Jack and Lily, Janie and Jack, Jax & Lennon, Joe’s Jeans, Kate Spade, Keen, Kelly’s Kids, KEWE Clothing, Kickee Pants, Kissy Kissy, Kyte Baby, Lacoste, Little & Lively, Livie and Luca, Levi's, Little Me, LL Bean, Lululemon, Maclaren, Melissa and Doug, Miles Baby, Minimoc, New Balance, Nike, Nooks, Noppies, North Kinder, Nuna, OLE Designs, OVer Company, Parade Organics,Patagonia, Pedi Ped, Peekaboo Beans, Petit Lem, Plum Kids, Puma, Ralph Lauren Baby, Robeez, ROWE Kids, Sem Label, Simply Merino, Skip Hop, Splendid, Tait’s Attire, The North Face, Tiny Button Apparel, Toms, Tiny Button Apparel, Ugg Australia, Wee Woolies, Wheat Kids, When We Wear Young, Whistle & Flute, Wooly Doodle, Zara, Zippy Jamz
1.3 Sizing and Seasons. OhBaby accepts baby and children’s clothing up to size 6 and shoes in the corresponding sizes. OhBaby accepts all sizes in maternity and women’s Lululemon/Aritzia apparel. OhBaby accepts items for EVERY SEASON all year round.

2. How it works.

2.1 Consignment Drop Off. The undersigned may drop off clothing during OhBaby’s business hours. No appointment is required.
(a) When possible OhBaby will inspect the consignment items while the undersigned is in the store. OhBaby will advise what will be accepted and return items not accepted. If it is not possible to inspect the consignment items while the undersigned is in the store then OhBaby will inspect the items and contact the undersigned by phone or email to advise if any items are not acceptable.
(b) OhBaby 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 of OhBaby. If OhBaby deems a Consigned Item to be an Unsuitable Item, they will notify the undersigned of same within two (2) business days of drop off and provide the undersigned, at such time, the option to either:
(i) request that OhBaby 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 OhBaby may donate the Unsuitable Item, in a manner determined by OhBaby in its sole discretion, without further liability or obligation to the undersigned; and
(c) Following inspection, OhBaby 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 OhBaby of any changes to their contact details.

3. Consignment Period and Termination

Consignment Period. As OhBaby accepts Consigned Items for all seasons, year-round, OhBaby 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 OhBaby will be defined as the “Stock Date".

4. Pricing

OhBaby reserves the right to determine the prices for the Consigned Items, in its sole discretion. OhBaby will consider comparable prices of similar items and of a similar quality and condition when pricing the Consigned Items. OhBaby 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 OhBaby and may be disposed of or sold at the sole discretion of OhBaby 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, subject to a $1.00 processing fee for each Consigned Item removed. If all items are removed from the undersigned’s account, this Agreement will automatically terminate.

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

OhBaby 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 OhBaby. All risk of ownership of the Consigned Items will remain with the undersigned for the duration of this Agreement. OhBaby disclaims any warranties or representations about the safety or suitability of the Consigned Items. OhBaby 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 acknowledgment and agreement to all of the terms of this document and the statements above:


Date: _________________________

Name(printed): ____________________________________________

Signature of Undersigned:___________________________________________

Address:__________________________________________________

City/Prov/Postal Code:____________________________________________

Phone number: _________________________

Email:____________________________________________________


Would you like payment in the form of Store Credit 40% [_] or E-transfer 30% [_]


How did you hear about us? ____________________________


THANK YOU for consigning with Oh Baby! Consignment Co. LTD.

1427 Ellis Street

Kelowna, B.C. V1Y 2A3

(778)-594-7222

info@ohbabyconsign.com


Oh Baby! Consignment Co. Ltd. Signature:_________________

Date:________________________