Bushel & Peck Consignment Agreement

 

Consignment Agreement

This Consignment Agreement ("Agreement") is entered into between Bushel & Peck Children's Consignment Boutique ("Bushel & Peck," "Boutique," or "Consignee") and the individual identified on the Consignor Information Form ("Consignor").

By signing this Agreement, both parties agree to the following terms and conditions.

Purpose

The purpose of this Agreement is to establish the terms under which Bushel & Peck Children's Consignment Boutique accepts selected children's clothing, shoes, baby gear, toys, books, maternity clothing, and related items for resale on behalf of the Consignor.

Consignment Period

The standard consignment period is sixty (60) consecutive calendar days beginning on the date Bushel & Peck accepts the items into inventory.

Bushel & Peck reserves the right to extend or shorten the consignment period when necessary due to inventory, seasonal demand, operational needs, or unforeseen circumstances.

Ownership During Consignment

The Consignor represents that they are the lawful owner of all submitted items and have full legal authority to consign and sell them. The Consignor further represents that the items are free from liens, competing ownership claims, or other restrictions that would prevent their sale.

Legal ownership of an accepted item remains with the Consignor until the item is sold, donated, disposed of, or otherwise handled in accordance with this Agreement. During the consignment period, Bushel & Peck will have exclusive custody and control of all accepted items.

Once accepted, items may not be removed or reclaimed before the end of the consignment period unless Bushel & Peck agrees otherwise in writing.

The Consignor authorizes Bushel & Peck to:

  • Photograph, store, display, advertise, and list accepted items

  • Determine selling prices and apply scheduled markdowns

  • Include items in sales, promotions, bundles, and marketing materials

  • Complete the sale and transfer the item to the purchaser

  • Handle unsold or removed items as permitted under this Agreement

Item Acceptance

All items are subject to inspection and acceptance at the sole discretion of Bushel & Peck. Submission or drop-off of an item does not guarantee that it will be accepted for consignment, and acceptance of an item does not guarantee acceptance of future items.

Items may be declined or removed from consignment based on:

  • Condition, cleanliness, or presentation

  • Safety concerns or product recalls

  • Missing pieces, accessories, or required parts

  • Authenticity or ownership concerns

  • Brand, style, age, size, or season

  • Current inventory levels or storage capacity

  • Customer demand or expected resale value

  • Any other reasonable business consideration

Bushel & Peck may decline an item during the initial inspection or later remove an accepted item if a condition, safety, authenticity, or other concern is discovered after acceptance. Removed items will be handled according to the return, pickup, donation, disposal, and product-safety provisions of this Agreement.

Condition Standards

The Consignor agrees all items accepted for consignment must be in clean, safe, and sellable condition. 

Items must be:

  • Freshly laundered or thoroughly clean

  • Free of wrinkles, stains, holes, excessive wear, and visible damage

  • Free of smoke, mildew, strong fragrances, pet odors and pet hair

  • Complete with all necessary pieces, accessories, and required parts

  • In safe working condition when applicable

The Consignor represents that, to the best of their knowledge, each item is not subject to any unresolved manufacturer or government recall. 

Bushel & Peck reserves the right to decline or remove any item that does not meet these standards.

Product Safety

Bushel & Peck will remove an item from sale if the item:

  • Becomes subject to a manufacturer or government recall

  • Is determined to be unsafe or noncompliant with applicable safety standards

  • Is found to be damaged, defective, altered, or missing required safety components after acceptance

  • Otherwise presents a potential risk to a customer

Items removed for safety reasons will not be sold or donated. Depending on the circumstances, the item may be returned to the Consignor or disposed of at Bushel & Peck’s discretion. 

Pricing

Bushel & Peck will determine the initial selling price of each accepted item. Pricing decisions are made at Bushel & Peck’s sole discretion and are final.

Prices may be based on factors including:

  • Brand and original retail value

  • Item condition, age, and completeness

  • Current resale value and customer demand

  • Style, size, and seasonality

  • Comparable items and recent sales

  • Inventory levels and expected sell-through

Bushel & Peck does not guarantee that an item will sell or that it will sell for any particular amount.

Markdown Schedule

Unless otherwise determined by Bushel & Peck, accepted items will be discounted according to the following schedule:

Days 1–30: Full price

Days 31–45: 15% discount

Days 46–60: 30% discount

Bushel & Peck may adjust prices or include items in storewide promotions, seasonal sales, bundles, or special events when reasonably necessary to encourage sales and manage inventory.

The Consignor’s commission will be calculated using the item’s actual final selling price after all applicable markdowns, discounts, promotions, coupons, or other price adjustments.

Commission

For each item sold, the Consignor will receive 50% of the item’s final selling price, and Bushel & Peck will retain the remaining 50%.

The final selling price means the amount charged for the item after any markdowns, discounts, promotions, coupons, or other approved price adjustments. Sales tax, shipping charges, delivery fees, and other separately charged customer fees are not included when calculating the Consignor’s commission.

No commission is earned on items that are unsold, donated, disposed of, returned to the Consignor, or refunded to the customer, subject to the refund provisions of this Agreement.

Payments

Consignors may request payment once their available account balance reaches the minimum payout amount of $25.

Payout requests must be submitted no later than the 3rd day of the month to be processed on the 5th day of that month. Requests received after the 3rd will be processed during the following month’s payout cycle. When the 5th falls on a weekend or holiday, payments will be processed on the next business day.

Balances below $25 will remain in the Consignor’s account until the minimum payout amount is reached.

Available payout methods are:

  • PayPal: Payment of the Consignor’s available balance

  • Store Credit: The Consignor’s available balance plus a 5% bonus

The store-credit bonus has no cash value and cannot later be exchanged for PayPal or another form of payment. The Consignor is responsible for providing accurate and current payment information. Bushel & Peck is not responsible for delays caused by incorrect information or circumstances outside its control.

Returns and Reversed Sales

Customer return requests must be made within seven calendar days of pickup or delivery. All return requests are reviewed individually and are subject to Bushel & Peck’s approval and applicable store-return policies.

When a return or refund is approved:

  • The original sale may be reversed

  • The Consignor’s earnings for the item may be removed or adjusted

  • Any commission already paid may be deducted from the Consignor’s current or future account balance

  • The returned item may be relisted if it remains in acceptable condition

Bushel & Peck will determine whether a returned item is eligible to be relisted, returned to the Consignor, donated, or otherwise handled under this Agreement.

Unsold Items

At the end of the sixty-day consignment period, the Consignor will have seven calendar days to retrieve any remaining unsold items. All pickups must be scheduled in advance and may occur only during the designated pickup period.

Items not collected by the end of the seven-day pickup period will be considered abandoned under this Agreement and will become the property of Bushel & Peck without further notice or compensation to the Consignor.

Bushel & Peck may, at its sole discretion:

  • Donate the items

  • Dispose of the items

  • Recycle or repurpose the items

  • Sell or otherwise liquidate the items

The Consignor will not receive commission or other compensation for items that become the property of Bushel & Peck under this section.

Photography and Marketing Authorization

The Consignor grants Bushel & Peck a nonexclusive, royalty-free right to photograph, record, edit, reproduce, publish, and use images or videos of accepted items for advertising, merchandising, promotional, and business purposes.

Images and videos may be used on:

  • shopbushelandpeck.com

  • Social-media platforms

  • Email and text-message marketing

  • Printed advertisements and promotional materials

  • Online marketplaces and future marketing channels

Bushel & Peck will own the photographs, videos, product descriptions, and other marketing content it creates. The Consignor will not be entitled to additional payment or compensation for the creation or use of such content.

Risk of Loss or Damage

Bushel & Peck will exercise reasonable care when handling and storing accepted items. However, items are consigned and stored at the Consignor’s risk.

To the fullest extent permitted by law, Bushel & Peck will not be responsible for loss, theft, destruction, or damage caused by events outside its reasonable control, including:

  • Fire, flood, hurricane, tornado, or other natural disaster

  • Theft, vandalism, or civil disturbance

  • Power outages, water damage, mold, pests, or insects

  • Building, storage, transportation, or equipment failures

  • Any other event beyond Bushel & Peck’s reasonable control

This limitation does not apply to loss or damage resulting from Bushel & Peck’s gross negligence or intentional misconduct.

Limitation of Liability

Bushel & Peck does not guarantee that any accepted item will sell, sell within a particular period, or sell for a particular price.

Bushel & Peck will not be responsible for:

  • Unsold inventory

  • Changes in resale value or market demand

  • Lost profits or anticipated earnings

  • Customer purchasing decisions

  • Delays caused by circumstances outside its reasonable control

To the fullest extent permitted by law, Bushel & Peck’s total liability relating to a consigned item will not exceed the Consignor’s share of that item’s listed selling price at the time the loss or claim occurred.

Privacy and Communications

Bushel & Peck will use the Consignor’s personal information only as reasonably necessary to administer the consignment relationship and operate its business, including:

  • Creating and managing the Consignor’s account

  • Tracking inventory and sales

  • Processing payments

  • Scheduling appointments and pickups

  • Providing account, policy, and business communications

  • Maintaining financial and business records

  • Complying with applicable legal requirements

Information may be provided to service providers that assist with payment processing, website operations, communications, accounting, or other necessary business functions. Bushel & Peck will not sell the Consignor’s personal information for monetary compensation.

The Consignor authorizes Bushel & Peck to communicate by email, telephone, or text message regarding appointments, inventory, sales, payments, pickups, and other matters relating to the Consignor’s account.

Governing Law and Dispute Resolution

This Agreement will be governed by and interpreted under the laws of the State of Florida.

Before filing a lawsuit relating to this Agreement, the parties agree to make a good-faith effort to resolve the dispute informally. If the dispute is not resolved, the parties agree to participate in nonbinding mediation in Nassau County, Florida, unless mediation is waived in writing by both parties.

Unless otherwise agreed, the parties will share the mediator’s fees equally and will each be responsible for their own attorney’s fees and related expenses.

Any legal action relating to this Agreement must be brought in a court of appropriate jurisdiction located in Nassau County, Florida.

Entire Agreement

This Agreement, together with any incorporated intake forms, item records, schedules, or written addenda, constitutes the entire agreement between the parties concerning the consigned items. It replaces all prior oral or written discussions, representations, or agreements concerning those items.

Any amendment to this Agreement must be in writing and accepted by both parties. A waiver of one provision or instance will not constitute a waiver of any other provision or future instance.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Electronic signatures and electronically accepted copies of this Agreement will have the same effect as original handwritten signatures

 

CONSIGNOR ACKNOWLEDGMENT AND ACCEPTANCE


By signing below, I acknowledge that I have received, read, understood, and agree to be bound by the terms of the Bushel & Peck Consignor Guide & Agreement.

I represent and acknowledge that:


☐ I am the lawful owner of all items submitted for consignment and have the legal authority to consign and sell them.


☐ The information I have provided to Bushel & Peck is accurate and complete.


☐ All submitted items meet Bushel & Peck’s condition, cleanliness, authenticity, and product-safety requirements.


☐ I understand that submission of an item does not guarantee acceptance or sale.


☐ I understand the 60-day consignment period and that accepted items generally may not be removed before the end of that period.


☐ I authorize Bushel & Peck to determine prices, apply markdowns, include items in promotions, and complete sales in accordance with the Agreement.


☐ I understand the commission, payment, and store-credit policies.


☐ I understand the customer-return policy and that my earnings may be adjusted if a sale is reversed or refunded.


☐ I understand the unsold-item pickup policy and that pickups must be scheduled within the designated seven-calendar-day pickup period.


☐ I understand that items not collected before the pickup deadline will become the property of Bushel & Peck without further compensation and may be donated, sold, repurposed, recycled, or disposed of.


☐ I consent to receiving account-related communications by email, telephone, or text message.

By signing below, I confirm that I am entering into this Agreement voluntarily and have had an opportunity to ask questions before signing.