Consignment Terms

These terms and conditions create a contract between you and Something White Styling (the "Agreement"). Please read this Agreement carefully. To confirm your understanding and acceptance of the Agreement, click "Agree" or sign the Agreement. You must agree to this Agreement if you wish to consign goods through Something White Styling.

Something White Styling’s Terms of Service is located at: https://www.somethingwhitestyling.com/termsofservice, and are included in this Agreement and apply to your and Something White Styling’s activities under this Agreement.

Once you agree to this agreement, it will remain in effet until you or something white styling terminates it.

OVERVIEW

Something White Styling markets and rents luxury designer items, jewelry, and accessories.

You would like Something White Styling to rent 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 Something White Styling, will still own the Property, even after you transfer physical possession of the Property to Something White Styling. After Something White Styling receives or picks up Property from you, Something White Styling will send you an email confirming the items of Property received. Once the items have been evaluated, inspected, and confirmed by Something White Styling team, you will be able to visit The Something White Styling site to view your items that have been accepted for consignment (the items are then "Accepted") and the list price(s) assigned to those Accepted items. Please note that all prices are determined at Something White Styling’s sole discretion unless previously agreed in writing. The Accepted items will then be processed and listed as available for rent on the site and, at Something White Styling’s sole discretion, may also concurrently be displayed and available for rent at select events or pop-ups.

DELIVERY OF PROPERTY; RISK OF LOSS; INSURANCE

Something White Styling accepts the Property from you on a consignment basis only. You are responsible for all risk of loss or damage to the Property until Something White Styling takes physical possession of it; however, if you use Something White Styling’s approved method of shipment to ship your Property, Something White Styling will assume the risk of loss or damage to the Property upon shipment. A "Shipment" means items of Property that are shipped together under one Something White Styling approved, pre-paid shipping label.

If an item of Property is damaged, stolen, or lost while in Something White Styling’s possession, it will be treated as Sold and Something White Styling will pay you a Commission (defined in "Commissions and Payment" below) on that item. The Commission will be based on the damaged, stolen, or lost item’s estimated Net Selling Price, which will be determined solely by Something White Styling experts.

PROPERTY ACCEPTANCE CONDITIONS

Upon receipt, Something White Styling 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.

Something White Styling only Accepts Property for consignment : (a) that Something White Styling determines in its sole discretion to be in very good to excellent condition; (b) that Something White Styling determines in its sole discretion to be authentic and designer quality; and (c) for which the representations and warranties you make in the “Your Representations, Warranties, and Indemnification" section below are true.Property that does not meet the above requirements will not be accepted and will be either (1) returned to you at your expense or (2) with your approval, confirmed in writing, Something White Styling will donate your items to a charity of its choice.

CONSIGNMENT PERIOD AND RETURN OF PROPERTY

The "Consignment Period" for each item of Property begins on the date Something White Styling Accepts the item for consignment and ends 180 days thereafter, even if this Agreement has been terminated during that time by you or Something White Styling. At any time during the Consignment Period, and subject to this provision, you may request in writing that Something White Styling return the item (a "Return Request"), so long as the item is not currently being rented. Once Something White Styling receives your Return Request, it will use commercially reasonable efforts to remove the item from somethingwhitestyling.com (the "Site") and from any physical locations if applicable, before it is rented. It is your responsibility to ensure that Something White Styling has your most current contact information and mailing address.

(a) If the Return Request is made 90 days or less from the date Something White Styling Accepted the item of Property, SWS will return the item within 30 days. Something White Styling will charge you the costs of return and, in such case, such costs shall be deducted from your pending Commissions. If you do not have enough pending Commissions available to cover the costs of return, Something White Styling shall have no obligation to return the item to you unless and until you pay Something White Styling the return fee prior to shipment.

Additionally, Something White Styling will charge you $15 per every other item, which fees reflect Something White Styling’s up-front costs of storing, cataloging, and photographing the item in preparation for rent, 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 at Something White Styling’s expense and no fees will be added.

(c) If an item remains unrented at the end of the Consignment Period, Something White Styling will contact you and, give you the option at Something White Styling’s expense: (i) return the item to you (ii) sell the item vs rent or (iii) donate the item to a charity of Something White Styling’s choice.

If at the end of the Consignment Period Something White Styling is unable after using commercially reasonable efforts to contact you at the email or physical address it has on file for you the item may be sold, or donated to a charity of Something White Styling’s choice.

EFFORTS TO RENT / PRICE

So long as you comply with this Agreement, Something White Styling will display on the Site and, at Something White Styling’s sole discretion display and make available for rent at select pop-ups, and will make commercially reasonable efforts to rent the Property. You acknowledge and agree that:

(a) Something White Styling 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 rental of each item, Something White Styling may in its sole discretion apply an immediate discount to the item, which will affect the item’s Initial Rental Price, unless Something White Styling and you have otherwise agreed in writing to a specific price at which a specific item must be rented.

(c) Something White Styling 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, rent, or sell the Property, unless Something White Styling and you have otherwise agreed in writing to a specific price at which a specific item must be rented.

TITLE TO PROPERTY

You will continue to own and have title to each item of Property unless that item is requested to be "Sold". An item will be considered Sold when:

(a) it is sold by Something White Styling to a customer and not returned to Something White Styling within a period specified in a then-current Return Policy, or

(b) it is lost, stolen, damaged, or destroyed while in Something White Styling's possession.

COMMISSIONS AND PAYMENT

(a) "Commission Window" means (1) for the first Commission Window, the period that begins on the date your first item of Property is Rented and ends at the end of the month that is one month after such date and, (2) for subsequent Commission Windows, the one-year period that begins on the following day. For example, if your first item of Property rents or sells on March 5, your first Commission Window begins on March 5 and ends on April 5 of the following month and each of your Commission Windows thereafter will begin on April 1 and continue until March 31 of the following year.

(b) "Net Selling Price" means the price at which an item of Property is Rented or Sold, less applicable discounts and promotions and excluding taxes and shipping. "Net Sales" means the total amount received by Something White Styling 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 Rented in a Commission Window whose Net Selling Prices were $500, $1000, and $250, your Net Sales for that Commission Window would be $350.

(c) The Commission Rate that will apply to Rentals or Sales of your Property within a Commission Window is based on your Net Sales within that Commission Window is a flat 20% on most items, unless otherwise noted or contracted with Something White Styling. Special Commission Rates may apply only to specific item categories, and are offered for a specific period of time, or that have other special conditions and (ii) make other changes to its Commission structure and the Commission Rates upon at least fourteen (14) days' notice to you.

(d) A Commission Rate of 20% will always apply for any items priced above $175 and 12% will always apply for any items priced under $175.

(e) Calculation of Commissions; Something White Styling will pay you a Commission on each item of Property that is Rented or 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.

(f) Payouts - Something White Styling typically begins processing Commission payments on the 15th day of every month for Sales that occurred during the previous month. For example, payments processed on April 15th would cover the sales period from March 1 through March 31. Payments will be made to you by direct deposit or Paypal, if you elect another payment method acceptable to Something White Styling. The timing of processing and delivering Commission payments will vary by the payment method you select but will typically take at least two business days.

TERMINATION

You and Something White Styling may each terminate this Agreement in writing at any time, for any reason. Termination will be effective on the date of such notice and the costs listed under "Consignment Period and Return of Property", will apply.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You expressly understand and agree that:

Your use of Something White Styling’s Services is at your sole risk. Something White Styling’s consignment and other services are provided on an “as is” and “as available” basis. Something White Styling expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness, fo a particular purpose, and noninfringement.

Something White Styling makes no warranty that (a) Something White Styling’s services will meet your requirements or (b) Something White Styling’s services will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, that you obtain from Something White Styling or through or from the site or Something White Styling’s services shall create any warranty not expressly stated in these terms.

Something White Styling and it's 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 Something White Styling has been advised of the possibility of such damages) Resulting from: (a) the use or the inability to use Something White Styling’s 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 Something White Styling’s services or this agreement.

In no event will Something White Styling’s liability under this agreement exceed the amount it has actually received as a result of renting or selling your property hereunder. The foregoing disclaimers and limitations are a fundamental part of the basis of Something White Styling’s business, and Something White Styling 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.

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 rent or 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 Something White Styling harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by Something White Styling as a result of or arising in any way out of Something White Styling’s 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 Something White Styling, whether tort, contract, or statutory, shall be governed by the laws of Chicago, IL, without regard to its conflicts of laws principles.

AMENDMENTS TO THIS AGREEMENT

Something White Styling may update or change any of the terms and conditions of this Agreement at any time in its sole discretion upon 14 days’ notice, including as set forth above in "Commissions and Payment" above, and by notifying you in accordance with "Notices" below.
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 in accordance with "Termination" before the effective date of the revised terms.

ENTIRE AGREEMENT

This Agreement sets forth the final, complete, and exclusive agreement between you and Something White Styling regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements on such subject matter. Except as set forth in "Commissions and Payment" and "Amendments to this Agreement", this Agreement may be modified only by a writing signed by you and Something White Styling.

NO IMPLIED WAIVER

Any failure by you or Something White Styling to enforce any provision of this Agreement shall not constitute a waiver of such provision or of any other provision of this Agreement.

SURVIVAL OF TERMS AFTER AGREEMENT ENDS

Not withstanding any other provision of this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on you or Something White Styling will survive the termination of this Agreement.

NOTICES

If you have any questions or comments about this Agreement, the Site or Something White Styling’s services or wish to terminate this Agreement, please contact Something White Styling by email at hello@somethingwhitestyling.com

Something White Styling shall provide all notices to you at the email address or physical address that you have provided to Something White Styling. You are solely responsible for keeping that information current with Something White Styling.You hereby agree that all agreements, notices, disclosures, and other communications that Something White Styling provides electronically to you satisfy any legal requirement that such communications be in writing.

VOLUNTARY AND KNOWING WAIVER

By entering into this arbitration agreement, you acknowledge and agree that you are waiving the right to trial by jury for any claim subject to arbitration. You further acknowledge and agree that you may only bring a claim in your individual capacity, and not in any representative capacity. Other rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist.

HOW TO CONTACT US

If you have any questions or comments about these Terms or this Site, please contact us by email at hello@somethingwhitestyling.com.

Last updated: October 25, 2020. Effective date November 1, 2020