Consignment Agreement

Please read our Consignment Agreement closely. If you are satisfied with the terms and conditions of this contract, please email dallas@thesweetpeashop.ca to digitally sign the agreement and get all set up as a Consignor.

CONSIGNMENT AGREEMENT                                    

The Sweet Pea Shop is in the business of selling consigned baby, toddler and children’s clothing along with gear, accessories and maternity and nursing clothing.

The Consignor (you) wishes to consign items with The Sweet Pea Shop and The Sweet Pea Shop wishes to receive and sell the consigned items, on the terms and conditions set forth in this Consignment Agreement.

The parties agree as follows:

1. WHAT IS ACCEPTED 

1.1. Fresh and Clean. The Consignor agrees that all consigned items provided by the Consignor will be in good condition, laundered, odourless, spot-free and folded/packaged neatly and ready to be received by The Sweet Pea Shop, including and ensuring all buttons are buttoned, and all snaps are snapped and all zippers are zipped. 

If items do not meet the “good condition, spot-free” agreement, the Consignor may be subject to a “cleaning fee” of $1.00. For items where stains are unable to be removed, the Consignor agrees to allow The Sweet Pea Shop to apply the item to a “proceeds bin” where the item will be sold for $2.00 and 100% of the profits will be donated to a local charity of The Sweet Pea Shop’s choosing. 

The Sweet Pea Shop will not purchase socks; however, if the Consignor would like to donate socks to The Sweet Pea Shop, they will be applied to the “proceeds bin” where the item will be sold for $1.00 and 100% of the profits will be donated to a local charity of The Sweet Pea Shop’s choosing.

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.

1.2. Refusing Items. The Sweet Pea Shop reserves the right to refuse any consigned items received by the Consignor (deemed as an “Unsuitable Item”), including any consigned items already in the possession of The Sweet Pea Shop at its sole discretion. If The Sweet Pea Shop deems a consigned item to be an “Unsuitable Item”, they will notify the Consignor within seven to ten (7-10) business days of receiving and will provide the Consignor, at such time, the option to either: 

1. Request that The Sweet Pea Shop apply the Unsuitable Item to the “proceeds bin” and allow the profits to be donated; 
2. Request that The Sweet Pea Shop schedule a day and time designated by The Sweet Pea Shop for the Unsuitable Item to be picked up by the Consignor;
3. Request that The Sweet Pea Shop drop off the Unsuitable Item at the original pick-up location on a day and time designated by The Sweet Pea Shop. 

If the Consignor elects to apply their item to the “proceeds bin” they acknowledge and agree that they have relinquished the profit when the item sells. The Consignor acknowledges and agrees that The Sweet Pea Shop may donate the Unsuitable Item if it has not been sold from the “proceeds bin” in a manner determined by The Sweet Pea Shop in its sole discretion, without further liability or obligation to the Consignor.

1.3. Sizing and Seasons. The Sweet Pea Shop accepts baby and children’s clothing up to size 12 and shoes in the corresponding sizes. The Sweet Pea Shop accepts all sizes of maternity and nursing apparel. The Sweet Pea Shop accepts items for every season all year round (please see consignment period paragraph 3). 

1.4. Quantity of Items. The Sweet Pea Shop will accept up to 30 items and no more than 30 items per month from the Consignor. The Sweet Pea Shop has the right to refuse to take inventory if space is limited or full.

2. HOW IT WORKS.  

2.1. Consignment Drop Off, Pick Up, Shipping. The Consignor may drop off items at The Sweet Pea Shop’s storefront location at the time of scheduling. Appointments shall be made via The Sweet Pea Shop booking calendar that will be emailed once you sign our Consignment Agreement.

Pick-ups are available only after agreed upon by both parties and are within a 20km radius of 24 Ontario St, Port Hope, ON, L1A 2T6. Pick-ups can be requested with a $5.00 travelling fee, payable at the time of scheduling. The Sweet Pea Shop reserves the right to refuse pick-up for any failure to pay the pick-up fee, as applicable. The Sweet Pea Shop does not offer pick-up services for any locations other than as designated above unless otherwise determined by The Sweet Pea Shop. To book a pick-up time please contact dallas@thesweetpeashop.ca for further details.

2.2. Process of Selling Items. The Sweet Pea Shop will receive and photograph all items and enter them into our inventory management software. The Sweet Pea Shop will then contact the Consignor to set up a store account, if this has not already been completed, and share the approved consigned items, along with the Consignor's contact details. It is the responsibility of the Consignor to update The Sweet Pea Shop on any changes to their contact details. 

The Sweet Pea Shop will price items (refer to paragraph 5, Pricing), list them on our website and hang items in-store. Items may take up to one (1) year to become inputted and live on our website or in-store. Please refer to paragraph 3, Consignment Period.

Once an item has sold, the Consignor will receive 30% which can be paid out via e-transfer or used for store credit in accordance with the Payment terms as set out in Paragraph 6 of this Agreement.

3. CONSIGNMENT PERIOD 

The Sweet Pea Shop accepts consigned items for all seasons, year-round. The Sweet Pea Shop 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 The Sweet Pea Shop will be defined as the “Stock Date”.  

4. TERMINATION  

If a consigned item is not sold within one hundred eight (180) days of the Stock Date it will be deemed a “Terminated Item” and this Agreement will automatically terminate (“Termination Date”) at which point the Consignor has the option to either: 

1. Request that The Sweet Pea Shop donate the items to a charity of The Sweet Pea Shop’s choosing; 
2. Request that The Sweet Pea Shop schedule a day and time designated by The Sweet Pea Shop for the Terminated Item to be picked up by the Consignor;
3. Request that The Sweet Pea Shop drop off the Terminated Item at the original pick-up location on a day and time designated by The Sweet Pea Shop. 

If the Consignor has requested to pick up their Terminated Items and they have not picked up their items within fourteen (14) days of arrangements being made, the Terminated Items will become the absolute property of The Sweet Pea Shop and may be donated, sold, or disposed of at the sole discretion of The Sweet Pea Shop without further obligation or liability to the Consignor. 

Prior to the Termination Date, the Consignor may remove a consigned item from the Consignor’s account at the Consignor’s request, subject to a $2.00 processing fee for each consigned item removed. If all items are removed from the Consignor’s account, this Agreement will automatically terminate.  

5. PRICING  

The Sweet Pea Shop reserves the right to determine the prices for the consigned items, at its sole discretion. The Sweet Pea Shop will consider comparing prices of similar items and of similar quality and condition when pricing and using an internal pricing guideline. Most items will be 20% - 60% of the original ticket price. Any consigned items that remain unsold sixty (60) calendar days following the “Stock Date” will receive a markdown of 15%. Any Consigned Items that remain unsold ninety (90) calendar days following the “Stock Date” will receive another markdown of 15%. None of the consigned items will be less than $2.00.

The Sweet Pea Shop has the right to apply a $0.99 “Administration Surcharge” to all items consigned with us. This fee does not get applied to the Consignor’s 30% payout.

6. PAYMENT      

The Consignor may request a payout anytime the Consignor’s account exceeds $5.00 by choosing the from the following options:

1. Credit to the Consignor’s account of 30% of the selling price from each consigned item sold (not including the administration surcharge of $0.99 as noted in paragraph 5).

or

1. Direct payment to the Consignor via e-transfer of 30% of the selling price for each consigned item sold (not including the administration surcharge of $0.99 as noted in paragraph 5). The balance in the Consignor’s account must exceed $5.00. A processing fee of $1.00 will be deducted from the balance of payment for each e-transfer under $15.00. Payments will be made on the last day of the month unless that falls on a day the store is not open, then the payment will be made on the next open business day.                                                                                                                                    

7. LIABILITY 

The Sweet Pea Shop will not be responsible, directly or indirectly, to the Consignor for any loss, damage or theft of the consigned items. If the consigned items are destroyed or damaged by fire or another casualty, this Agreement will automatically terminate without any further obligation or requirement of The Sweet Pea Shop. All risk of ownership of the consigned items will remain with the Consignor for the duration of this Agreement. The Sweet Pea Shop disclaims any warranties or representations about the safety or suitability of the consigned items. The Sweet Pea Shop 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.

It is the full responsibility of the Consignor to ensure there are no recalls of any items being consigned before selling their items to The Sweet Pea Shop.                    

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 or amendment to this Agreement will take effect unless it is in writing duly executed by both parties.  

(c) This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario 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 Consignor. 

(f) The Consignor 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 e-mail or in another 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 defence based on the execution hereof in counterparts or the delivery of such executed counterparts by electronic means.

YOU MAY

a) items will be returned to Consignor
b) items may be sold for 100% of the profits going to charity or donated 

Email dallas@thesweetpeashop.ca to digitally sign the agreement.