Right to Sell
The Consignor grants Canary the exclusive right to display and sell consigned item/s according to the terms and conditions of this Agreement.
Fab and Fashion items – Canary shall be entitled to 40% of the final purchase price of the consigned item/s (the “Consignment Fee”).
Fine items – Canary shall be entitled to 25% of the final purchase price of the consigned item/s (the “Consignment Fee”).
Within thirty (30) of days from the sale of the Consigned Item/s, Canary shall deliver to the Consignor the sale price of the consigned item/s less the Consignment Fee and any applicable handling fees and expenses.
Consigned item/s, once accepted, may be displayed for sale on www.lovecanary.ca within thirty (30) days.
Unsold Consigned Items
- The onus is on the Consignor to follow up on any unsold Consigned Item/s within 12 months of their site posted date
- In the event that any of the consigned item/s are not sold within one (1) year from the Effective Date, the Consignor shall indicate one of the following elections:
- return of the consigned item/s to the Consignor with all delivery and handling costs borne by the Consignor;
- the unsold consigned item/s may be sold in a flash sale; or
- the unsold consigned item/s not returned to Consignor shall be donated in support of a charity of Canary’s sole election.
- Items sent to Canary that Canary is not able to represent will be returned to the Consignor with all delivery and handling costs borne by the Consignor.
- The Consignor hereby represents and warrants that the Consignor holds full title (or has received, in writing, the authorization to sell the Consigned Item/s by any necessary parties) to the consigned item/s.
- The Consignor further represents and warrants that the item/s to be consigned are not stolen, the subject of any police investigation, or subject to a lien or other burden of title by a third party that would prevent the item from being consigned.
The Consignor shall bear all expenses and risk for shipping the consigned item/s to Canary.
Changes to our Terms
This Agreement is subject to occasional revision, and if we make any material changes we will post notice of the changes on our Website. These changes will be effective immediately. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the any revision of this Agreement.
Any dispute arising from this Agreement, including the validity thereof, will be resolved by taking the following successive steps: a) by service and contractual personnel for each Party; b) by mediation; or c) by binding arbitration.
This Agreement shall be governed and interpreted in accordance with the laws of Alberta, Canada. The Parties hereby submit to the exclusive jurisdiction of the Courts of Alberta with respect to the subject matter of this Agreement.