Consigment Agreement

THE BRAND ORIGINAL

Effective Date: 08.07.2026

This Consignment Agreement (“Agreement”) is entered into between THE BRAND ORIGINAL (“Consignee,” “Store,” “Company”) and the individual or entity submitting property for consignment (“Consignor”).

By signing this Agreement, submitting inventory, completing a consignment form, or otherwise delivering property to THE BRAND ORIGINAL, the Consignor agrees to be bound by the terms below.


1. Appointment of Consignee

The Consignor appoints THE BRAND ORIGINAL as a non-exclusive sales agent for the purpose of marketing and selling consigned items.

THE BRAND ORIGINAL may display, market, advertise, photograph, promote, list, store, transport, and offer items for sale through:

  • physical retail locations;

  • the Store’s website;

  • Shopify storefront;

  • social media platforms;

  • online marketplaces;

  • email marketing;

  • private client networks;

  • promotional campaigns;

  • third-party sales channels.

THE BRAND ORIGINAL is authorized to take commercially reasonable actions necessary to market and sell consigned property.


2. Ownership Representations

The Consignor represents and warrants that:

  • the Consignor is the lawful owner of each submitted item;

  • the item was lawfully acquired;

  • the item is free from liens, claims, security interests, or encumbrances;

  • no third party has ownership rights to the item;

  • the Consignor has full authority to consign the item;

  • all information provided to THE BRAND ORIGINAL is true and accurate.

The Consignor shall indemnify and hold harmless THE BRAND ORIGINAL from any claims arising from breach of these representations.


3. Authenticity Representations

The Consignor represents and warrants that every submitted item is authentic.

The Consignor further agrees that:

  • counterfeit items shall not be submitted;

  • altered or false authenticity documents shall not be submitted;

  • knowingly false statements regarding authenticity constitute a material breach of this Agreement.

THE BRAND ORIGINAL reserves the right to refuse, remove, return, or hold any item if authenticity concerns arise.


4. Right to Refuse Items

THE BRAND ORIGINAL reserves the right to refuse any item for any reason, including but not limited to:

  • authenticity concerns;

  • condition concerns;

  • legal concerns;

  • reputational concerns;

  • marketability concerns;

  • inventory limitations;

  • pricing disagreements;

  • incomplete documentation.

The Store is not required to provide an explanation for refusal.


5. Consignment Term

The initial consignment term shall be:

Ninety (90) calendar days

beginning on the date the item is accepted into inventory.

Unless otherwise agreed in writing, the Agreement automatically renews for successive thirty (30) day periods until terminated in accordance with this Agreement.


6. Pricing

THE BRAND ORIGINAL and the Consignor shall establish an initial listing price for each item.

THE BRAND ORIGINAL may adjust pricing based on:

  • market conditions;

  • inventory age;

  • customer demand;

  • seasonality;

  • sales performance;

  • comparable market data;

  • condition of the item.

The Consignor authorizes reasonable pricing adjustments consistent with the agreed sales strategy.


7. Commission Structure

THE BRAND ORIGINAL shall retain a commission ranging from:

Thirty Percent (30%) to Fifty Percent (50%)

depending on the category, value, condition, demand, and sales arrangement associated with the item.

For items with an expected sale price exceeding:

Five Thousand Dollars ($5,000)

the Store’s commission and related sale terms may be discussed and agreed individually by the parties.

The applicable commission shall be reflected in the item intake record, inventory record, or other written confirmation maintained by THE BRAND ORIGINAL.


8. Discounts and Price Reductions

To facilitate the sale of inventory, THE BRAND ORIGINAL may offer reasonable discounts, promotions, negotiated sale terms, or price reductions.

Unless otherwise agreed in writing, THE BRAND ORIGINAL may reduce the listing price by up to:

Ten Percent (10%) every thirty (30) days

during the consignment period.

Additional reductions may require further approval from the Consignor.


9. Marketing Authorization

The Consignor grants THE BRAND ORIGINAL permission to:

  • photograph items;

  • edit photographs;

  • create promotional content;

  • publish descriptions;

  • advertise items;

  • use images on the website;

  • use images on social media;

  • use images in email marketing;

  • use images in promotional campaigns;

  • use images for future marketing purposes.

The Consignor receives no separate compensation for marketing activities.


10. Cleaning and Preparation

THE BRAND ORIGINAL may perform reasonable preparation of items for sale, including:

  • cleaning;

  • conditioning;

  • steaming;

  • photographing;

  • packaging;

  • minor presentation improvements.

Any paid cleaning, restoration, repair, or special service must be approved separately unless it is minor and commercially reasonable for sale presentation.


11. Storage and Handling

Items shall be stored and handled in a commercially reasonable manner.

The Consignor acknowledges that luxury goods may be:

  • displayed in the Store;

  • photographed;

  • moved within the Store;

  • shown to customers;

  • tried on or inspected by potential buyers;

  • prepared for shipment;

  • handled in the ordinary course of retail activity.


12. Risk of Loss and Damage

THE BRAND ORIGINAL shall exercise reasonable care in handling consigned items while they are in the Store’s possession.

However, THE BRAND ORIGINAL shall not be liable for:

  • ordinary wear;

  • aging;

  • material deterioration;

  • hidden defects;

  • manufacturer defects;

  • pre-existing condition issues;

  • force majeure events;

  • events beyond the Store’s reasonable control.

THE BRAND ORIGINAL is not responsible for loss, delay, or damage occurring during shipment or delivery, including when an item is shipped to THE BRAND ORIGINAL for consignment or returned to the Consignor.


13. Insurance

THE BRAND ORIGINAL maintains insurance coverage for merchandise kept in the Store, subject to the terms, exclusions, limits, and conditions of the applicable insurance policy.

The existence of insurance coverage does not create unlimited liability by THE BRAND ORIGINAL and does not expand the Store’s obligations beyond the terms of this Agreement.

The Consignor may maintain separate insurance coverage for high-value items if desired.


14. Sale of Item

A sale shall be deemed completed when THE BRAND ORIGINAL receives payment from the purchaser.

THE BRAND ORIGINAL may accept:

  • credit card payments;

  • financing transactions;

  • installment arrangements;

  • approved promotional arrangements;

  • other commercially reasonable payment methods.


15. Payment to Consignor

Payment to the Consignor shall be issued only after:

  • successful completion of the sale;

  • receipt of payment by THE BRAND ORIGINAL;

  • confirmation that funds have cleared;

  • expiration of any applicable return review period;

  • absence of unresolved chargebacks, payment disputes, fraud claims, authenticity disputes, or other transaction-related claims.

Unless otherwise agreed in writing, payment to the Consignor shall be made within:

Forty-Five (45) Business Days

following receipt of funds by THE BRAND ORIGINAL.

THE BRAND ORIGINAL reserves the right to withhold, delay, or suspend payment during the investigation or resolution of any return request, chargeback, payment dispute, fraud concern, authenticity claim, ownership dispute, legal claim, or any other circumstance that may reasonably affect the finality of the transaction.

Payment shall be calculated based on the final sale price actually received by THE BRAND ORIGINAL, less the applicable commission, approved expenses, service fees, shipping costs, chargeback fees, payment processor fees, or other amounts owed by the Consignor under this Agreement.


16. Early Withdrawal of Items

The Consignor may request withdrawal of an item before the expiration of the initial consignment term.

If the Consignor requests return of the item before the end of the initial ninety (90) day consignment term, THE BRAND ORIGINAL may charge an early withdrawal administrative fee equal to:

Three Percent (3%) of the agreed listing price

with a minimum fee of:

One Hundred Dollars ($100)

and a maximum fee of:

One Thousand Dollars ($1,000)

per item.

This fee is intended to compensate the Store for administrative handling, intake, photography, storage, marketing, listing, and sales preparation efforts.


17. Unsold Items and Retrieval

Upon expiration or termination of the consignment period, the Consignor shall retrieve unsold items upon written notice from THE BRAND ORIGINAL.

If the Consignor fails to retrieve the item within:

Thirty (30) days

following written notice, the item shall be deemed abandoned to the fullest extent permitted by applicable law.

THE BRAND ORIGINAL may then exercise any rights available under applicable law, including continued storage, sale, donation, disposal, or other commercially reasonable action.


18. Termination

Either party may terminate this Agreement subject to obligations that accrued before termination.

Termination does not affect completed sales, pending payments, existing claims, or obligations relating to ownership, authenticity, indemnification, limitation of liability, and dispute resolution.


19. Indemnification

The Consignor agrees to defend, indemnify, and hold harmless THE BRAND ORIGINAL from claims, losses, damages, liabilities, costs, and expenses arising from:

  • ownership disputes;

  • authenticity disputes;

  • title defects;

  • liens or third-party claims;

  • legal violations;

  • inaccurate representations;

  • breach of this Agreement;

  • fraud or misrepresentation by the Consignor.


20. Limitation of Liability

To the fullest extent permitted by law, THE BRAND ORIGINAL’s liability shall not exceed the amount ultimately payable to the Consignor for the specific item at issue.

THE BRAND ORIGINAL shall not be liable for:

  • lost profits;

  • emotional distress;

  • speculative damages;

  • consequential damages;

  • indirect damages;

  • punitive damages;

  • loss of future value;

  • market fluctuations.


21. Dispute Resolution

The parties shall first attempt to resolve disputes through good-faith negotiation.

If a dispute cannot be resolved informally, it shall be handled in accordance with the governing law and venue provisions below.


22. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida.


23. Venue

Any dispute, claim, or legal proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida.


24. Electronic Signatures

Electronic signatures, online submissions, digital acknowledgments, and electronic acceptance methods shall be deemed valid, binding, and enforceable.


25. Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the consignment relationship and supersedes all prior discussions, negotiations, representations, or understandings.

Any modification must be made in writing and accepted by both parties.


26. Acceptance

By delivering an item, signing electronically, signing physically, or submitting a consignment request, the Consignor acknowledges that they have read, understood, and accepted this Agreement.