Consignor Terms

Please read these terms and conditions carefully. by accessing this website and using its services you agree to be bound by the terms and conditions below. except as provided elsewhere in this agreement, these terms and conditions are subject to change without notice, from time to time in our sole discretion. we will notify you of amendments to these terms and conditions by posting them to this website. if you do not agree with these terms and conditions, please do not access this website and use its services.

Updated: 11-16-2015

 

Wherefore, You, the Consignor (“You” or “Consignor”) is owner of the designer bag(s) that You have emailed and/or uploaded images of to the Website (as described below), and bearing the intellectual property of its respective owners (collectively, the “Consigned Property”) and Lux Market, a Nevada Corporation (“Us” or “Consignee”) is a content curation service for exclusive designer bags sold through its website Baghunter.com (the “Website”) and establishes consignment relationships with premium consignment stores and resellers.

 

THEREFORE, the Consignor and Consignee, individually a “Party” and collectively the “Parties” in exchange for good and sufficient consideration and the mutual promises and undertakings set forth in this Consignment Agreement (“Agreement”) do agree to the following:

 

    • 1. Ownership. Consignor warrants, covenants and agrees that the Consigned Property being consigned and sold is owned by Consignor and that there are no liens, judgments or other encumbrances against the ownership, including all rights of sale or transfer, of the Consigned Property. The Parties agree that title to the Consigned Property shall remain with Consignor until such Consigned Property is sold in severable lots or in whole by Consignee.

 

    • 2. Description of Consigned Property. Consignor grants and Consignee agrees to list the Consigned Property on the Website for the purpose of sale on the terms and conditions hereinafter recited in this Agreement. Consignor states and agrees that the description(s) of the Consigned Property is true and correct to the best of Consignor’s knowledge and belief and further, that no undisclosed defects in such Consigned Property are known to Consignor. Consignor agrees to present only high quality product to the Consignee.

 

    • 3. Agreed upon Price. Consignor agrees that Consignee shall receive Full Payment on the Agreed upon Price (as described below) of the Consigned Property prior to any obligation of Consignee to remit payment to Consignor for the same. Agreed upon price means the price Consignor and Consignee mutually agree on the amount that the Consigned Property should be sold for, including all offers and counter-offers (the “Agreed upon Price”). Except as to Consignee’s Commission (as described below in Section 6), Consignor is entitled to the remainder of the Agreed upon Price, excluding sales tax and any paypal or www.escrow.com fees incurred (as described below in Section 4). After the Agreed upon Price has been mutually determined by Consignor and Consignee, any offer (including counter-offers) for the Consigned Property will be forwarded to Consignor. Consignor is required to respond within twenty-four (24) hours with whether he or she accepts the offer (or counter-offer) or wishes to counter the offer. If Consignor fails to respond, Consignee shall refuse the offer (or counter-offer).

 

    • 4. Time of Payment(s) to Consignor. Once the Consigned Property is sold through the Website and upon receiving Full Payment (as described below) for such sale, Consignee will issue the Agreed upon Price to Consignor deducting its Commission, sales tax and any paypal or www.escrow.com fees incurred within twenty-four (24) hours following the date of receipt of the Full Payment. It is agreed that “Full Payment,” as used above, shall be construed to mean the clearing of any monetary instrument by Consignee’s bank. Consignee agrees to pay for the credit card processing fees as part of its Commission however, all payments to Consignor will be made through Paypal or www.escrow.com, at Consignor’s election. If Consignor elects Paypal, Consignor agrees to pay for the Paypal fees. If Consignee elects to get paid through www.escrow.com the Parties agree to split the fees equally (e.g. 50/50).

 

    • 5. Shipment of the Consigned Property. Once the Consigned Property is sold through the Website, Consignor agrees to ship the Consigned Property to Consignee’s customer once Consignor receives the shipping label via email from Consignee which will be labeled as “BH Shipping” and Consignee customer’s mailing address and the tracking number for the package. Pursuant to the terms and conditions of Consignee’s Website, Consignee’s customer is required to pay for insurance for the full purchase amount and to pay for shipment and/or delivery of the Consigned Property using either UPS or Fedex and agreeing to sign for the package.

 

 

    • 6. Amount(s) of Payment(s) to Consignor. Consignor and Consignee agree that Consignee shall retain from the Agreed upon Price its commission in the amount of fifteen percent (15%) excluding sales tax (the “Commission”) of the sale of the Consigned Property subject to the terms of this Agreement. The Commission includes all fees for credit card processing. All Commission rates are subject to change upon thirty (30) days prior written notice to the other Party. If Consignor sells the Consigned Property that Consignor has agreed to be listed for sale through the Website, Consignor must immediately notify Consignee so Consignee may remove the Consigned Property from the Website or mark it as “SOLD”.

 

    • 7. Consignor and Consignee Responsibilities. Consignor agrees to email and/or upload on the Website high resolution images in jpeg or gif format without watermarks and to provide descriptions of the Consigned Property including but not limited to color, material, size, style, brand name, etcetera so that the Consigned Property can be listed on the Website. Consignee may add its “BagHunter”™ watermark to the Consigned Property to protect the integrity of the images provided to Consignee. If Consignor chooses to list the Consigned Property on his or her own website, on other websites, through retail stores or through a private sale, Consignor can accept a lower offer than that advertised on the Website, however Consignee cannot advertise and promote the Consigned Property for less than the agreed retail price listed on the Website, without the express prior written permission of Consignee.

 

    • 8. Ownership of Materials on the on Baghunter Site. All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the Baghunter Site, excluding any Consignee Content (as defined below) (collectively, the “Site Content”) are proprietary to us or to third parties. All software used on the Baghunter Site is proprietary to us or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
      The marks “Baghunter” and the Baghunter logo are registered or unregistered trademarks of Baghunter, and they may not be used in connection with any service or products other than those provided by Baghunter, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Baghunter. Any use of such marks, or any others displayed on the Baghunter Site, will inure solely to the benefit of their respective owners. Other trademarks or service marks used on this Baghunter Site are the property of their respective owners and may not be used without permission.

 

    • 9. Consignee Content. In these Terms of Use, "Consignee Content" means any photographs, images, text, drawings, pictures, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you to Baghunter, whether in the form of e-mail or submissions to Baghunter, or postings on this Site, or testimonials about Baghunter. When you submit Consignee Content to us, including our right to access such Consignee Content from your own site or from a third party site that you direct us to access content from, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right, under all copyright, trademark, patent, trade secret, publicity, privacy and other proprietary or intellectual property rights in the Consignee Content, to use, copy, modify, make derivative works, publish, broadcast, display and distribute the Consignee Content in any media known now or in the future You represent and warrant that you have all right, title and interest in and to such copyright, trademark, publicity and database rights as are necessary to grant the above rights to us. Do not use this Site as a means of submitting information you consider to be proprietary. Except for personal information, which is dealt with in accordance with our Privacy Policy, or communications directly between you and another Consignee, any submission of Consignee Content by you will be considered a contribution to Baghunter for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Without limiting the foregoing, Baghunter will be entitled to unrestricted use and other exploitation of the Consignee Content for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Consignee Content. You agree that any Consignee Content is non-confidential (but subject to Baghunter's Privacy Policy).

 

    • 10. Termination of this Consignment Agreement. Consignor agrees to list the Consigned Property with Consignee for a minimum of ninety (90) days unless sold before then or unless Consignee ceases to list and/or sell the Consigned Property pursuant to this Section 8. Consignee may terminate this Agreement and has the right to refuse to list and/or sell any Consigned Property including the right to remove any Consigned Property on the Website at its discretion at any time and for any reason, with or without notice. After ninety (90) days, Consignor may terminate this Agreement for any reason by giving twenty-four (24) hour prior written notice to Consignee. Termination by either Consignor or Consignee will not affect the Agreement regarding items of Consigned Property already sold.

 

    • 11. Operation of Consignee’s Business. Consignee shall have the exclusive right to determine the business operation and management of its Website. Consignee shall have no liability or responsibility for the source of the Consigned Property, the operation and management of Consignor’s business, employees or agents and any torts or other causes of action resulting therefrom.

 

    • 12. Liability for Loss, Etc., of Consigned Property. In the event that the Consigned Property is lost, stolen, destroyed, damaged, or unaccounted for due to any cause, known or unknown (hereinafter these terms referred to collectively as “Loss”), while consigned to Consignee and during the term of this Agreement, Consignee shall not in any way be responsible, financial or otherwise, for any loss of the Consigned Property.

 

    • 13. Advertising. Consignor agrees to assign to Consignee its copyrights in and to all images, photographs, and descriptions that Consignor sends or uploads to the Website in perpetuity. Consignee has the right to use such copyrighted images, photographs, and descriptions for any and all purposes including without limitation placing them on the Website and for any other commercial or non-commercial purpose. Consignee has the right to use the name and contact information of Consignor and/or Consignor’s retail or online store, or other identifying information in the advertising, promotion and sale of the Consigned Property.

 

    • 14. Assignment. This Agreement is not assignable by Consignor and may not be modified other than by written modification agreed to and signed by Consignee.

 

    • 15. Governing Law. The validity, constructions, performance, and enforceability of this Agreement shall be governed in all respects by the laws of California, without regard to conflict of law principles with venue in Los Angeles County.

 

    • 16. Waiver. The Parties agree that instances or patterns of waiver, forbearance, course of dealing or trade usage shall not affect the right of a Party to demand performance of any term or condition of this Agreement.

 

    • 17. Construction. This Agreement shall be deemed to have been drafted by both Parties and, in the event of a dispute, no Party hereto shall be entitled to claim that any provision should be construed against any other Party by reason of the fact that it was drafted by one particular Party.

 

    • 18. Representations. Each Party represents and warrants that it has the legal right and authority to enter into this Agreement.

 

    • 19. Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement among the Parties with regard to the subject matter hereof, and supersede any prior communications, representations, understandings and agreements, either oral or written, among the Parties with respect to such subject matter. Except as provided elsewhere in this Agreement, the terms of this Agreement are subject to change by Consignee without notice from time to time in Consignee’s sole discretion. Consignee will notify You of amendments to these terms by posting them to the Website.

 

    • 20. Execution. This Agreement may be signed by clicking on the “I Agree” box on the Website which shall constitute a valid and binding execution and delivery of this Agreement by such Party. The effective date of this Agreement shall be the day the “I Agree” box on the Website is clicked.

 

    • 21. Severability. If any provision in this Agreement will be found or be held to be invalid or unenforceable, then the meaning of said provision will be construed, to the extent feasible, so as to render the provision valid and enforceable, and if no feasible interpretation would save such provision, it will be severed from the remainder of this Agreement which will remain in full force and effect unless the severed provision is essential and material to be rights or benefits received by any Party. In such event, the Parties will use their respective best efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which most nearly effects the Parties’ intent in entering into this Agreement.

 

    • 22. Headings; Construction. The titles, captions and headings of this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.

 

    • 23. Returns.  For all qualified returned Consigned Property which are subject to Consignee’s terms and conditions with its Customer, Consignor agrees to accept the shipment and to immediately issue a refund to Consignee. Any shipping, paypal or escrow.com fees incurred in connection with the transaction will not be refunded to Consignor.

 

    • 24. Eligibility to use the Website.  You are not permitted to access the Website or to become a Consignor if you are under the age of 18 or if your account has been suspended or removed by Consignee for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Consignor account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Website or be a Consignor. You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving consignment services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Consignee has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Consignee has the right to suspend or terminate your account and refuse any and all current or future use of the Website and for you to be a Consignor. If you use the Website or act as a Consignor you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify Consignee immediately of any unauthorized use of your account or any other breach of security.