Agreement

959 DELUXE INC.

 

CONSIGNMENT AGREEMENT

This Consignment Agreement (the “Agreement”) is entered into by and between 959 Deluxe Inc. (“959 Deluxe,” “we,” “our,” or “us”) and the consignor identified during submission (“Consignor,” “you,” or “your”). By consigning property with 959 Deluxe, you agree to be bound by the following terms and conditions.


I. Incorporation of Terms of Service


959 Deluxe’s Terms of Service are incorporated into this Agreement by reference. In the event of any conflict between the Terms of Service and this Agreement, this Agreement shall control.


II. Authenticity of Property


(a) You represent and warrant that all property consigned to 959 Deluxe is authentic, lawfully owned, free of liens or encumbrances, and not counterfeit, stolen, or otherwise unlawful.

(b) 959 Deluxe guarantees the authenticity of items sold to buyers. If an item’s authenticity is challenged and successfully disproven, 959 Deluxe shall refund the buyer in accordance with applicable consumer protection laws.

(c) 959 Deluxe reserves the right to make internal authenticity determinations through its trained authenticators and specialists, with or without third-party verification.

(d) If any item is determined to be counterfeit, inauthentic, or materially misrepresented, you may retrieve the item only upon reimbursement of authentication, handling, and administrative costs, with a minimum fee of USD $50. If actual costs exceed this amount, 959 Deluxe reserves the right to charge the full incurred cost with reasonable documentation.

(e) If such item is not retrieved within thirty (30) days, it shall be deemed forfeited, and 959 Deluxe may dispose of it in accordance with law.

(f) You agree to indemnify and hold 959 Deluxe harmless from all claims, losses, damages, or liabilities arising from counterfeit or misrepresented items.


III. Services Provided by 959 Deluxe


Upon receipt of property, 959 Deluxe may authenticate, evaluate, price, photograph, describe, list, market, and sell the property through one or more channels, including but not limited to online platforms, private sales, retail showrooms, auctions, and livestreams.

All photographs, videos, and marketing materials created by 959 Deluxe are the exclusive intellectual property of 959 Deluxe, and you grant us the unrestricted right to use such materials for marketing, promotional, and archival purposes.


IV. Consignment Term


(a) The minimum consignment term is ninety (90) days.

(b) During the consignment term, 959 Deluxe may apply price adjustments or markdowns in accordance with internal pricing guidelines, market conditions, demand, and item performance.

(c) The maximum consignment term shall not exceed three hundred sixty-five (365) days unless extended in writing. If property remains unsold and you fail to respond to outreach attempts for ninety (90) days, the property shall be deemed abandoned and may be donated, recycled, or otherwise disposed of without liability.


V. Early Withdrawal


(a) Property must remain with 959 Deluxe for a minimum of ninety (90) days. Early withdrawal requests may be approved at our discretion and shall incur a USD $250 per-item early withdrawal fee.

(b) After the minimum period, unsold property may be returned without penalty, provided you supply a prepaid shipping label or pay applicable shipping costs.

(c) Property approved for return but not collected within thirty (30) days shall no longer be our responsibility.


VI. Pricing & Net Payout Estimates


(a) Initial listing prices are determined by 959 Deluxe in its sole discretion based on market data, condition, brand, and demand.

(b) Any net payout amounts quoted to you during private consultation, messaging, or email are estimates only, provided for convenience, and are not guaranteed payouts.

(c) Final payouts are calculated based on the actual final selling price, applicable commission rates, transaction fees, price adjustments, and market conditions at the time of sale.


VII. Risk of Loss & Insurance


(a) You bear all risk of loss or damage until 959 Deluxe takes physical possession of the property or an approved carrier accepts shipment.

(b) If property is lost, stolen, or damaged while in our possession, it shall be treated as sold, and your payout shall equal the net amount agreed upon at intake, after applicable commission and fees.


VIII. Title to Property


You retain title to consigned property until it is deemed sold. Property is considered sold when:
(i) sold to a customer; or
(ii) lost, stolen, damaged, or destroyed while in our possession.


IX. Consignment Rates


Unless otherwise agreed in writing, commissions are calculated on the final selling price as follows:
• Up to $1,000 | 35%
 • $1,001 – $2,500 | 20%
• $2,501 – $5,000 | 18%
• $5,001 – $10,000 | 15%
• $10,001+ | 12%

Certain items may be eligible only for instant buyout, at 959 Deluxe’s discretion.


X. Payment Terms


(a) Consignment payouts are processed on the Friday following sale, provided buyer payment has cleared.

(b) Buyout payouts are processed within one to two (1–2) business days after authentication and processing.

(c) Payout timelines are estimates only and may vary due to banking delays, volume, or operational constraints.


XI. Amendments


959 Deluxe may amend this Agreement or commission structure with reasonable notice. Property already in possession shall continue under existing terms for the remainder of the minimum consignment period.


XII. Disclaimer & Limitation of Liability


All services are provided “as is” and “as available.”
959 Deluxe’s total liability shall not exceed the commission actually received from the sale of the relevant property or the agreed net payout, whichever applies. We shall not be liable for indirect, incidental, or consequential damages.


XIII. Governing Law


This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. Venue shall lie exclusively in Orange County, California.


XIV. Entire Agreement


This Agreement, together with incorporated policies, constitutes the entire agreement between the parties. No assignment is permitted without prior written consent.


By consigning property with 959 Deluxe Inc., you acknowledge that you have read, understood, and agreed to all terms above and that all consigned items are authentic to the best of your knowledge.