Consignment Service Agreement

Thank you for choosing REALOVE for your consignment needs.

The terms of this Consignment Service Agreement (“Agreement”) create a contract between you and Realove Luxury Consignment Inc. (“Realove”) and Dove Corp. (“Dove” and together with Realove, “us”, “we” and “our” ).

Please read this Agreement carefully. You must agree to the terms set out in this Agreement if you wish to consign goods through us, and by clicking “agree”, you confirm that you have read, understood and agree to the terms. 

Our Terms of Service and Privacy Policy, are incorporated by reference and made a part of this Agreement to which you are agreeing, and such terms also apply to any of your and our activities under this Agreement.

1. CONSIGNMENT REQUEST

To qualify your goods for consignment, we may request you provide us photographs and/or purchase documents of goods or deliver to us the goods via our concierge pickup service or drop off the goods at an authorized Dove store location or at such other place or by other means as we may specify from time to time.

You assume the risk of loss, theft, or damage to your goods until we take possession of your goods. Once we take possession of your goods, subject to the limitations set out in this Agreement, we assume the risk of loss, theft, or damage to your goods.

2. RECEIPT OF GOODS

Once we receive your goods at our consignment processing facility, we will evaluate them to determine their quality, condition, and value.

We only accept goods for consignment we determine, in our sole and absolute discretion, are:

  1. (1) in good and pristine condition;
  2. (2) authentic and not counterfeit;
  3. (3) marketable and/or sellable by one of our agents or us.

If we determine that any of your goods do not meet our requirements, we will tell you, and you will have the option of having us return the unacceptable goods to you at the address provided by you or donate the unacceptable goods to a local charity.

3. CONSIGNMENT CONFIRMATION

If we agree to sell any of your goods, we will provide you with a confirmation of consignment (“Consignment Confirmation”) that will include:

  1. (1) a list of the goods to be consigned (the “Consigned Goods”);
  2. (2) the price at which each Consigned Good will be offered for sale as determined by us (the “List Price”); and
  3. (3) and such specific terms as we determine to apply to the Consignment Confirmation.

You will have five (5) days from the date on the Consignment Confirmation to sign it and return it to us. If you don’t return a signed copy to us within the period specified, the Consignment Confirmation is automatically withdrawn.

4. CONSIGNMENT PERIOD

The consignment period (“Consignment Period”) begins on the date we receive your signed Consignment Confirmation and ends (365) days thereafter. We do not have to return any Consigned Goods to you before the end of the Consignment Period.

After six (6) months of the Consignment Period have elapsed, if we receive a written request from you, we may, at our sole discretion, agree to return any unsold Consigned Good to you at the address provided by you. If we agree to such a request, we may charge you the shipping and processing costs incurred by us to return such Consigned Goods.

At least sixty (60) days before the end of a Consignment Period, you will receive a notice from us advising you of any Consigned Goods which remain unsold as of the date of the notice; and requesting that you provide us with a direction on whether you want such Consigned Goods, should they remain unsold at the end of the Consignment Period, to be: (a) re-purposed or donated by us to a charity of our choice; or (b) returned to you at the address provided by you.

If we cannot contact you using the contact information provided by you to us within fourteen (14) days after we have provided you with our notice and request for direction, we may, as we see fit and with no further notice to you, re-purpose or donate such Consigned Goods as remain unsold at the end of the Consignment Period.

5. YOUR REPRESENTATIONS AND WARRANTIES

  1. (1) Concerning each Consigned Good, you represent and warrant that:
  2. (2) You are the true and lawful owner of such Consigned Good;
  3. (3) Each document, description, purchase receipt, photograph, and all other information regarding each Consigned Good you have provided to us, whether before or after the Consignment Confirmation was signed, is true, complete, and correct;
  4. (4) You have the authority to consign and, ultimately, to sell, transfer and convey such Consigned Good;
  5. (5) The Consigned Good is not counterfeit; The Consigned Good does not infringe upon, misappropriate, or violate any trademark, copyright, intellectual property, or another proprietary right of any third party; and
  6. (6) You did not obtain the Consigned Good from, or in connection with, illegal activity, including theft or fraud.

6. COUNTERFEIT/ STOLEN GOODS

Occasionally, a Consigned Good may be examined by us, an agent acting on our behalf, or a third-party consignment company to confirm the authenticity of the Consigned Good. If the authenticity of such Consigned Good cannot be confirmed or the item is found to be counterfeit:

  1. (1) we will tell you, in writing, of such determination;
  2. (2) and we will let you provide us with additional proof of authenticity acceptable to us at our sole discretion.

If we cannot conclusively determine the authenticity of a Consigned Good, we will, if so requested by you, return such Consigned Good to you at the address specified by you. You must reimburse us for costs related to such Consigned Good, which costs may include authentication fees collected by third parties, shipping and customs duties, and any other processing expenses incurred by us. Our current authentication fee is $75 for handbags, leather goods, jewelry, select footwear and apparel and $150 for Hermes and select vintage and exotic collection items.

If we determine that any Consigned Good is counterfeit, such counterfeit good will not be returned and shall be destroyed. You acknowledge that in such an instance, you may not receive, nor will we pay, any compensation for counterfeit items. You acknowledge that we are subject to laws and regulations relating to claims that consigned goods are counterfeit, have been stolen, or otherwise violate applicable laws. We take such obligations seriously, and we will cooperate with law enforcement in any investigation.

7. CLEANING, REPAIR AND RESTORATION

We only accept goods that are clean and in a good state of repair, free of stains and in ‘ready to sell’ condition. If we determine a Consigned Good needs cleaning, repair and/or restoration, we will tell you about the applicable service fee(s) and at your request, help with this service at Dove Cleaners, deducting said service fees from your account. If you do not accept the applicable service fees prior to the services being performed, we will have the Consigned Goods returned to you.

Please note we provide this service as a courtesy and cannot represent or guarantee that the Consigned Good can be successfully cleaned, restored or repaired to your or our satisfaction.

8. SANITIZATION 

To maintain the highest level of quality and enhance value for luxury resale buyers, each Consigned Good undergoes a sanitization process with us. We will apply and deduct from payment owing to you, a sanitization processing fee, calculated on the final net selling price of each Consigned Good, as follows:

  • Net Selling Price               Fees
  • Below $199                       $6
  • $200 to $499                   $15
  • $500 to $999                   $30
  • $1,000 and above            $75

9. EFFORTS TO SELL CONSIGNED GOODS & USE OF THIRD PARTIES

We will make commercially reasonable efforts to sell your Consigned Goods as provided in this Agreement and Consignment Confirmation. You acknowledge that unless we otherwise agree in the Consignment Confirmation, we will have the right to discount the List Price as we determine, in our sole and absolute discretion, without notice to you.

To optimize sales, we often partner with third parties, including other consignment companies and retailers, to sell your Consigned Goods. You agree that in such instances, you shall sign such additional documents as required by such a third-party to transfer the title of the Consigned Goods from you to the third party and/or final purchaser of the Consigned Goods.

10. COMMISSIONS AND PAYMENT

The services provided by us are reimbursed by way of a commission calculated and payable to us by you for the sale of each Consigned Good. The commission rate varies based on the price and category of the Consigned Good and our then-current commission rates as outlined in the Consignment Confirmation. Our Commission is calculated on and deducted from the final sale price of each Consigned Good, which means the price at which an item is sold, net of applicable discounts and promotions, and less all sales and other taxes.

Your commission from each sale shall be paid to you within forty-five (45) days after a Consigned Good is deemed finally sold. A Consigned Good is deemed finally sold only after the expiry of any return periods available to any third-party purchaser. If there is a dispute between you and us regarding the commission owed for a Consigned Good, we shall not have to pay any commission or other amounts to you for or related to such Consigned Good unless the dispute is resolved to our reasonable satisfaction.

11. OUR WARRANTIES

Except as stated in this Agreement, we make no representations or warranties, either express or implied. You expressly agree that: your use of our consignment and other services in any transaction is at your sole risk. Our services are provided to you on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that (a) our services will meet your requirements; or (b) our services will be uninterrupted, timely, secure, or error-free; or (c) any advice or information, whether oral or written, that you obtain from us or in any documents other than in this Agreement or the Consignment Confirmation shall create any warranty not stated in these terms. The foregoing disclaimers are a fundamental part of the basis of this Agreement, and we would not enter into this Agreement or the Consignment Confirmation without such disclaimers and limitations.

12. INDEMNITY

You agree to indemnify, defend and hold harmless Realove and Dove and their subsidiaries, affiliates, agents, partners, and licensors, and its and their respective officers, directors, employees, agents, successors, and permitted assigns (collectively, the “Realove Parties”), or any of them, from all losses, obligations, liabilities, damages, penalties, fines, violations, claims, causes of action, suits, judgments, costs and expenses (including, without limitation, reasonable legal fees), which the Realove Parties, or any of them, may incur to the extent arising out of, resulting from or connected with: (a) your breach of this Agreement or the Consignment Confirmation; or (b) your negligence or intentional misconduct; (c) our display or sale of the Consigned Goods; or (d) any civil or criminal suit or claim involving the authenticity or ownership of the Consigned Goods, the legality of the sale of the Consigned Goods or trademark infringement. This Article shall survive the termination of the Consignment Confirmation or this Agreement.

13. DAMAGED GOODS

Any claim for damaged, stolen, or lost goods must be made by you to us in writing within sixty (60) days of such notice of damage, theft, or loss. It is your exclusive responsibility to inform us promptly of any claims you assert.

If a good is damaged, stolen, or lost while in our possession before receipt by us of the signed Consignment Confirmation, upon notice to you, we will pay you an amount we determine, acting reasonably, would have likely been the commission you would have received had the good been listed by us for consignment.

If a Consigned Good is damaged, stolen, or lost while in our possession after receipt by us of the signed Consignment Confirmation, such Consigned Good will be deemed sold, and we will pay you an amount we determine, acting reasonably, would have likely been commission that you would have received had the good been listed by us for consignment.

The remedies set out above shall be your sole remedy and entire recourse against us for any good (including a Consigned Good) that is damaged, stolen or lost and is in lieu of any other remedy to which you may otherwise be entitled to under law or equity.

14. LIMITATIONS

Subject to Article 13, except as permitted by law, no claim arising from this Agreement may be brought by you more than one (1) year after the occurrence causing the loss and/or damage giving rise to such a claim (regardless of whether such occurrence was discoverable at the time).

In no event shall the Realove Parties or any of them be liable to you for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising out of, or relating to, any breach of this Agreement or the Consignment Confirmation regardless of: (i) whether such damages were foreseeable; (ii) whether Realove Parties or any of them were advised of the possibility of such damages; or (ii) the legal or equitable theory upon which such claim is based. In no event shall the aggregate liability of the Realove Parties, or any of them arising out of or related to this Agreement or the Consignment Confirmation, whether arising out of or related to any breach of contract, tort (including negligence), or other, exceed the total amount we actually received under this Agreement.

15. TERM AND TERMINATION

This Agreement is effective as of the date you agreed to be bound by its terms. Either party may terminate this Agreement upon written 30 days advance written notice to the other; provided, however, such termination shall not affect either party’s obligations under any then pending consignment transaction. This agreement may also be terminated in accordance with Section 3. The party's respective obligations under such pending consignment transaction will continue unless terminated to the extent allowed explicitly in the Agreement. Despite any other provision of this Agreement or the Consignment Confirmation, any provision, which by necessity or implication survives the termination of this Agreement or the Consignment Confirmation, will so survive such termination.

16. OTHER PROVISIONS

This Agreement is intended to be a true consignment agreement, and the consignment created is intended to be a true consignment, where title to the Consigned Goods remains with you until purchased by a third party on terms acceptable to us. When we sell the Consigned Goods to a third party, the title to the Consigned Goods shall pass from you to us and right after that from us to the third party.

Upon our request, you shall, at your sole cost and expense, execute and deliver all such further documents and instruments and take all such further acts, as necessary, to give full effect to this Agreement.

This Agreement, with the Consignment Confirmation, constitutes the sole and entire agreement of the Parties regarding the subject matter contained herein and therein and supersedes all prior and contemporaneous understandings, agreements, representations, conditions, and warranties, both written and oral, regarding such subject matter.

All notices under this Agreement must be in writing (which includes emails). If You have any questions about this Agreement, our services or wish to terminate this Agreement, please contact us by email at: [email protected].

You also may write us at: Realove Luxury Consignment Inc. Attn: Consignment Department 354 Supertest Road North York, Ontario M3J 2M2.

We will provide all notices to you at the email address or physical address you have provided to us. You are solely responsible for keeping that information current and correct.

You agree that, if we provide notices, disclosures, or other communications regarding this Agreement or the Consignment Confirmation electronically, that such communications satisfy any legal requirement that such communications be in writing.

The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

This Agreement prevails over any terms or conditions in any other documentation and expressly excludes any of your general terms in any document issued by you. Acceptance of any of your goods for consignment by us is not acceptance of any of your terms and does not modify or amend the Consignment Confirmation (as defined in this Agreement) or this Agreement. If any conflict arises between the terms of this Agreement and the Consignment Confirmation, the Consignment Confirmation prevails.

If any part of this Agreement or the Consignment Confirmation is held invalid, illegal or unenforceable, the validity, legality or enforceability of the rest of this Agreement or the Consignment Confirmation shall not be affected or impaired.

We may update or change the terms of this Agreement in our sole discretion upon thirty (30) days’ notice to you. You will be bound by all revised terms on the effective date, including any changes to the commissions, unless you terminate this Agreement before the effective date of the revised terms. If you do not agree to any revised terms, your sole recourse is to terminate this Agreement under the termination terms set out herein.

Any action or proceeding arising out of or based upon/ relating to this Agreement, including the Consignment Confirmations contemplated hereby or thereby will be instituted in the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.

No delay or omission by either party in the exercise of any right under this Agreement, including the Consignment Confirmations contemplated hereby or thereby will operate as a waiver of that or any other right. No provision of this Agreement, including the Consignment Confirmations contemplated hereby or thereby may be waived except by an agreement in writing signed by the party granting such waiver. A waiver of any provision, including the Consignment Confirmations contemplated hereby or thereby will not be construed as a subsequent waiver of that provision and/or a waiver of any other provision of this Agreement, including the Consignment Confirmations contemplated hereby or thereby.

You may not assign this Agreement. We may assign this Agreement, including the Consignment Confirmations contemplated hereby or thereby upon notice to you. Any assignment in violation of this provision is void.

This Agreement and the Consignment Confirmation will be binding upon the parties and their respective successors and permitted assigns, subject to the provisions and limitations on assignment set forth in this Agreement.

This Agreement and the Consignment Confirmation may be executed in any number of counterparts, each of which when executed and delivered will be an original, but all such counterparts will be a single instrument. This Agreement and the Consignment Confirmation may be executed in original or through signatures transmitted by electronic means.

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, including the Consignment Confirmations contemplated hereby or thereby, for any failure or delay in fulfilling or performing any term of this Agreement, including the Consignment Confirmations contemplated hereby or thereby (except for any obligations to make payments to the other party), when and to the extent the failure or delay is caused by or results from acts beyond the impacted party’s (the “Impacted Party”) control, including the following force majeure events (each, a “Force Majeure Event”): (a) acts of God; (b) flood, fire, earthquake, tsunami, or explosion; (c) epidemics and pandemics, including the 2019 novel coronavirus pandemic (COVID-19); (d) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (e) requirements of applicable law; (f) actions, embargoes, or blockades in effect on or after the date of this Agreement; (g) action by any governmental authority; and (h) national or regional emergency.