Consignment Agreement

These terms and conditions create a contract between you and Luxe Du Jour (the "Agreement"). Please read this Agreement carefully. You must agree to this Agreement if you wish to consign goods through Luxe Du Jour.

Luxe Du Jour Terms of Service located at: https://luxedujour.ca/pages/terms-of-service-1, are also included in this Agreement and apply to your and The Luxe Du Jour’s activities under this Agreement.

* Please note: It is illegal to buy or sell counterfeit luxury goods. Luxe Du Jour will not buy or sell counterfeit items.


Process

Upon receipt, Luxe Du Jour will be responsible for the promotion associated with selling your items including authentication, market price evaluation, professional photography, detailed product description, online listing, customer service, and if required - secure packaging, shipping and insurance of your item/s. We will take all necessary steps to sell your item/s quickly for the best price possible. 

Payment

We issue consignment payments via Paypal once the item has been sold. 


Selling Your Item

We will use our online store, customer base and other selling avenues to sell your authentic luxury designer items. We cover all sales transaction expenses such as credit card fees, PayPal fees and all the process expenses detailed above, including shipping if necessary. You must keep your item with us for a minimum period of 90 days to sell. There is a $150 early withdrawal fee if you want your item back before the 90-day period. If it does not sell after 3 months, you are eligible to take it back or leave it with us until sold.

Consignment Terms & Item Pricing

Initial price is determined according to current market value through our research data. 

The consigner will be consulted on any price reduction. You may contact us at any time to discuss pricing and selling options, such as discounts for a faster sale. If the quality of the item is less than what was stated in the original form, Luxe Du Jour reserves the right to decrease the quote without notice to the client. 

Cancellation Clause: If contract is terminated before 90 days there will be a $150 early withdrawal fee. 


Delivery of property; risk of loss; insurance

Luxe Du Jour accepts the Property from you on a consignment basis only. You are responsible for all risk of loss or damage to the Property until Luxe du Jour takes physical possession of it.


If an item of Property is damaged, stolen, or lost while in Luxe Du Jour possession, it will be treated as Sold (defined in "Title to Property" below) and Luxe Du Jour will pay you a Commission 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 Luxe Du Jour. 

Property acceptance conditions

Upon receipt, Luxe Du Jour 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.

Luxe Du Jour only Accepts Property for consignment : (a) that Luxe Du Jour determines in its sole discretion to be in very good to excellent condition; (b) that is listed in Luxe Du Jour’s current Designer Directory at the time of evaluation; (c) that Luxe Du Jour determines in its sole discretion to be authentic.

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, Luxe Du Jour will donate your items to a charity of its choice (see "Unauthenticated Items".

 

Unauthenticated, counterfeit, or stolen items

You are responsible for ensuring the authenticity of all Property you provide to us. If Luxe Du Jour 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 Luxe Du Jour determines at any time that an item of Property is counterfeit, Luxe Du Jour 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 Luxe Du Jour. You acknowledge and agree that any item Luxe Du Jour finally determines to be counterfeit will not be returned to you and will be destroyed.

You acknowledge and understand that Luxe Du Jour is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. Luxe Du Jour takes such reports seriously and will cooperate with law enforcement in all investigations.



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 Luxe Du Jour to a customer

(b) it is lost, stolen, damaged, or destroyed while in Luxe Du Jour’s possession.

No assignment

You may not assign this Agreement or any interest you have in it without Luxe Du Jour's prior written consent. Any prohibited assignment is null and void.

Disclaimer of warranties; limitation of liability

You expressly understand and agree that:

Your use of Luxe Du Jour’s services is at your sole risk. Luxe Du Jour’s consignment and other services are provided on an "as is" and "as available" basis. Luxe Du Jour 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. Luxe Du Jour makes no warranty that (a) Luxe Du Jour’s services will meet your requirements or (b) Luxe Du Jour’s services will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, that you obtain from Luxe Du Jour or through or from the site or Luxe Du Jour’s services shall create any warranty not expressly stated in these terms.

Luxe Du Jour 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 Luxe Du Jour has been advised of the possibility of such damages) resulting from: (a) the use or the inability to use Luxe Du Jour’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 Luxe Du Jour’s services or this agreement.


In no event will Luxe Du Jour 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 Luxe Du Jour’s business, and Luxe Du Jour 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 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 Luxe Du Jour harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by Luxe Du Jour as a result of or arising in any way out of Luxe Du Jour’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 Luxe Du Jour, whether tort, contract, or statutory, shall be governed by the laws of Alberta, without regard to its conflicts of laws principles.

If you have any consignment & selling-related questions, please contact us at info@luxedujour.ca.

By consigning with Luxe Du Jour, you hereby affirm agreement with all of the points outlined in this document and that you are the lawful owner of all the merchandise you are to send to us, and that to your best reasonable knowledge, you believe the items to be authentic. This agreement can be terminated upon receipt of written notice signed by you, subject to the cancellation clause described above.