These terms and conditions create a contract between you and Lucky Divas in Love, LLC (the "Agreement"). Please read this Agreement carefully.
ONCE YOU AGREE TO THIS AGREEMENT, IT WILL REMAIN IN EFFECT UNTIL YOU OR THE LUCKY DIVAS IN LOVE, LLC TERMINATES IT.
You would like Lucky Divas in Love, LLC to sell the items that you have sent to us or that we have collected from you (collectively, the "Property") on a consignment basis. This means that you, not Lucky Divas in Love, LLC will still own the Property, even after you transfer physical possession of the Property to Lucky Divas in Love, LLC. After Lucky Divas in Love, LLC receives the Property from you, Lucky Divas in Love, LLC will send you a confirmation confirming the items of Property received. The accepted items will then be processed and listed as available for sale on www.luckydivasinlove.com and at the Lucky Divas in Love, LLC sole discretion, may also concurrently be displayed and available for purchase on various social media platforms.
2. DELIVERY OF PROPERTY; RISK OF LOSS; INSURANCE
The Lucky Divas in Love, LLC accepts the Property from you on a consignment basis only. You are responsible for all risk of loss or damage to the Property until Lucky Divas in Love, LLC has physical possession of the property. If your property was lost or stolen once in the possession of Lucky Divas in Love, LLC it will be treated as if the item was sold.
3. PROPERTY ACCEPTANCE CONDITIONS
Upon receipt, Lucky Divas in Love, LLC will evaluate each item of Property to determine, in its sole discretion, its authenticity, quality, and value. The item’s condition will affect the valuation. If authentication is required, this will be a cost to the consignee.
Lucky Divas in Love, LLC only Accepts Property for consignment : that Lucky Divas in Love, LLC determines in its sole discretion to be in good to excellent condition.
Property that does not meet the above requirements will not be accepted and will be either returned to you at your expense
4. UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS
You are responsible for ensuring the authenticity of all Property you provide to us. If Lucky Divas in Love, LLC cannot confirm the authenticity of any item of Property you have provided, it shall have the right in its sole discretion to refuse to accept the item. If Lucky Divas in Love, LLC determines at any time that an item of Property is counterfeit, Lucky Divas in Love, LLC shall notify you that it has made such a determination and you will have an opportunity to provide proof of purchase/other proof of authenticity acceptable to Lucky Divas in Love, LLC. You acknowledge and agree that any item Lucky Divas in Love, LLC finally determines to be counterfeit will be returned to you at your cost.
You acknowledge and understand that Lucky Divas in Love, LLC is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. Lucky Divas in Love, LLC takes such reports seriously and will cooperate with law enforcement in all investigations.
5. CONSIGNMENT PERIOD AND RETURN OF PROPERTY
The "Consignment Period" for each item of Property begins on the date Lucky Divas in Love, LLC accepts the item for consignment and ends 365 days thereafter, even if this Agreement has been terminated during that time by you or Lucky Divas in Love, LLC. At any time during the Consignment Period, and subject to this provision, you may request in writing that Lucky Divas in Love, LLC return the item, so long as the item has not already been Sold. Once Lucky Divas in Love, LLC receives your Return Request, it will use commercially reasonable efforts to remove the item from www.luckydivasinlove.com (the "Site") and from social media platforms if applicable, before it is sold. It is your responsibility to ensure that Lucky Divas in Love, LLC has your most current contact information and mailing address.
(a) If the Return Request is made 90 days or less from the date Lucky Divas in Love, LLC Accepted the item of Property, Lucky Divas in Love, LLC will return the item within 30 days. Lucky Divas in Love, LLC will charge you the costs of return. Lucky Divas in Love, LLC shall have no obligation to return the item to you unless and until you pay Lucky Divas in Love, LLC the costs of return prior to shipment.
Additionally, Lucky Divas in Love, LLC will charge you a fee of $50 per item, which fees reflect Lucky Divas in Love, LLC up-front costs of storing, photographing and listing the item in preparation for sale, plus applicable shipping costs.
(b) If the Return Request is made more than 90 days after Acceptance, the item will be returned within 30 days and no fees will be added. Cosignee will be responsible for shipping cost.
(c) If an item remains unsold at the end of the Consignment Period, Lucky Divas in Love, LLC will contact you and, at your option and expense return the item to you.
If at the end of the Consignment Period Lucky Divas in Love, LLC is unable after using commercially reasonable efforts to contact you at the email or physical address it has on file for you in accordance with the item will be retained and become property of Lucky Divas in Love, LLC.
6. EFFORTS TO SELL; PRICE
So long as you comply with this Agreement, Lucky Divas in Love, LLC will display on the Site and, at Lucky Divas in Love, LLC sole discretion display and make available for sale on social media platforms, and will make commercially reasonable efforts to sell the Property. You acknowledge and agree that:
(a) Lucky Divas in Love, LLC in its sole discretion will determine the initial selling price for each item of Property (the "Initial Sale Price") based on its evaluation of that item, together with its determination of the current market price for that item;
(b) In order to market and promote the sale of each item, Lucky Divas in Love, LLC may in its sole discretion apply an immediate 10% discount to the item, which will affect the item’s Initial Sale Price, unless Lucky Divas in Love, LLC and you have otherwise agreed in writing to a specific price at which a specific item must be sold.
(c) Lucky Divas in Love, LLC may offer additional discounts and promotions during the Consignment Period, at its sole discretion and without notice to you, as a means to efficiently market and sell the Property, unless Lucky Divas in Love, LLC and you have otherwise agreed in writing to a specific price at which a specific item must be sold.
7. TITLE TO PROPERTY
You will continue to own and have title to each item of Property until that item is "Sold". An item will be considered Sold when:
(a) it is sold by Lucky Divas in Love, LLC to a customer and not returned to Lucky Divas in Love, LLC due to failed payment.
(b) it is lost, stolen, damaged, or destroyed while in Lucky Divas in Love, LLC possession.
8. COMMISSIONS AND PAYMENT
"Net Selling Price" means the price at which an item of Property is Sold, less applicable discounts and promotions and excluding taxes and shipping. "Net Sales" means the total amount received by Lucky Divas in Love, LLC from the Sale of all of your Property within a Commission Window, less applicable discounts and promotions and excluding taxes and shipping. For example, if you had three items of Property that Sold in a Commission Window whose Net Selling Prices were $5,000, $100, and $4,000, your Net Sales for that Commission Window would be $9,100.
The Commission Rate that will apply to Sales of your Property within a Commission Window is based on your Net Sales within that Commission Window.
A Commission Rate of 25% will always apply for any items priced between $196 and $4995 and 35% will always apply for any items priced under $195
(Calculation of Commissions. Lucky Divas in Love, LL will pay you a Commission on each item of Property that is Sold. The Commission shall be equal to the item’s Net Selling Price multiplied by the applicable Commission Rate. The Commissions you receive for Sales of your Property are the sole compensation you will receive under this Agreement.
Payments. Lucky Divas in Love, LLC typically begins processing Commission payments once full payment has been received from the buyer. Payments will be made to you by physical check, direct deposit or, if you elect another payment method acceptable to Lucky Divas in Love, LLC by such payment method.
The timing of processing and delivering Commission payments will vary by the payment method you select but will typically take at least 5-10 business days.
Disputes. If there is a dispute between you and Lucky Divas in Love, LLC, Lucky Divas in Love, LLC shall have no obligation to pay any Commissions or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. Lucky Divas in Love, LLC may withhold any Commissions due to you (including any due for Sold items of Property not subject to the dispute) in full or partial satisfaction of any amounts you owe to Lucky Divas in Love, LLC.
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF Lucky Divas in Love, LLC SERVICES IS AT YOUR SOLE RISK. Lucky Divas in Love, LLC CONSIGNMENT AND OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Lucky Divas in Love, LLC EXPRESSLY DISCLAIMS 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 NONINFRINGEMENT. Lucky Divas in Love, LLC MAKES NO WARRANTY THAT Lucky Divas in Love, LLC SERVICES WILL MEET YOUR REQUIREMENTS OR (B) Lucky Divas in Love, LLCSERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM Lucky Divas in Love, LLC OR THROUGH OR FROM THE SITE OR THE Lucky Divas in Love, LLC SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Lucky Divas in Love, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES (EVEN IF THE REALREAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE Lucky Divas in Love, LLC SERVICES OR THE SITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR (D) ANY OTHER MATTER RELATING TO THE REALREAL’S SERVICES OR THIS AGREEMENT.
IN NO EVENT WILL Lucky Divas in Love, LLC LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PROPERTY HEREUNDER.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF Lucky Divas in Love, LLC BUSINESS, AND THE REALREAL WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.
PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT AND THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
12. YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
You hereby represent and warrant that (a) you have good and marketable title to each item of Property and have the right to consign and sell the Property; (b) none of the Property is subject to any liens or other encumbrances; (c) the Property does not include counterfeit goods; and (d) the Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.
You hereby indemnify and hold Lucky Divas in Love, LLC harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by Lucky Divas in Love, LLC as a result of or arising in any way out of Lucky Divas in Love, LLC display or sale of the Property, including but not limited to, civil or criminal suits over authenticity or ownership of Property, legality of sales, or copyright or trademark infringement.
This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between you and Lucky Divas in Love, LLC, whether tort, contract, or statutory, shall be governed by the laws of Texas, without regard to its conflicts of laws principles.
13. AMENDMENTS TO THIS AGREEMENT
Lucky Divas in Love, LLC may update or change any of the terms and conditions of this Agreement at any time in its sole discretion upon 14 days’ notice.
Revised terms will not apply to Property already Accepted for consignment prior to the effective date of those revised terms.
You shall be bound by all revised terms on the effective date, including any changes to the Commissions or Commission Rates, 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.
14. ENTIRE AGREEMENT
This Agreement sets forth the final, complete, and exclusive agreement between you and Lucky Divas in Love, LLC regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements on such subject matter.
15. NO IMPLIED WAIVER
Any failure by you or Lucky Divas in Love, LLC to enforce any provision of this Agreement shall not constitute a waiver of such provision or of any other provision of this Agreement.
If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement.
17. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provision of this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on you or Lucky Divas in Love, LLC will survive the termination of this Agreement.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
If you have any questions or comments about this Agreement, the Site or Lucky Divas in Love, LLC services or wish to terminate this Agreement, please contact Lucky Divas in Love, LLC by email at LuckyDivasinLove@gmail.com
Lucky Divas in Love, LLC shall provide all notices to you at the email address or physical address that you have provided to Lucky Divas in Love, LLC, You are solely responsible for keeping that information current with Lucky Divas in Love, LLC.
You hereby agree that all agreements, notices, disclosures, and other communications that Lucky Divas in Love, LLC provides electronically to you satisfy any legal requirement that such communications be in writing.