Consignment Terms and Conditions

Consignment Terms and Conditions

These terms and conditions create a contract (the “Agreement”) between the consignor (“you” or the “Consignor”) and Owl Tree Kids, LLC (“we” or “Owl Tree”).  Please read this Agreement carefully. ONCE YOU AGREE TO THIS AGREEMENT, IT WILL REMAIN IN EFFECT UNTIL YOU OR OWL TREE TERMINATES IT.

 

Items Accepted for Consignment

1. Kidswear.  We accept new with tags, unworn, or freshly laundered, used goods in very good to excellent condition.  Goods should be boys & girls’ clothing and accessories, sizes newborn-16.  Kids items accepted include: Shirts, Tees, Sweatshirts, Sweaters, Dresses, Jeans, Pants & Leggings, Skirts, Shorts, Coats & Jackets, Costumes, Sleepwear, Athleisure, Dancewear, Swim, Jewelry, Hair Accessories & Hats, Bags, & Backpacks,  Cold Weather Accessories, Shoes, Socks & Tights. 
2. Kids items NOT ACCEPTED include: Used Underwear, School or Local Business Gear, Baby Gear except for Carriers & Strollers Muffs.
3. Maternity.  We accept new with tags, unworn, and freshly laundered in very good to excellent used maternity clothing, sizes 0- 20.  Maternity items ACCEPTED include: Shirts, Tees, Sweatshirts, Sweaters, Dresses, Jeans, Pants & Leggings, Skirts, Shorts, Coats & Jackets, Athleisure, Formalwear, Swimwear, Sleepwear, Nursing Gear, & Nursing Bras (unworn with tags only).
4. Maternity items NOT ACCEPTED include:  Used Underwear or Bras
5. Brands We Don’t Take: We currently do not take Amazon, A Children’s Place, bebe, Big Chill, Brandy Melville, Burt’s Bees, Carter’s Child of Mine, Carter’s Just One You, Carter’s Simple Joys, CK Calvin Klein, Cloud Island, Crazy 8, Cynthia Rowley, DKNY, Emporio Armani, Faded Glory, First Impressions, Forever 21, French Toast, Great Expectations Maternity, Gymboree, Habitual, Hannah Banana (HB), Honest Company, Indigo Blue Maternity, Isaac Mizrahi, Jessica Simpson, Joe Fresh, John Lewis, Jones New York, Jumping Beans, Justice, Kenneth Cole, Limited Too., Little Co., Little Me, Little Planet by Carter’s, Matilda Jane, Michael Kors, Minnetonka, Motherhood Maternity, Nanette Lepore, Nautica, Old Navy Maternity, Shein, Sonoma, Stride Rite, Temu, Tommy Hilfiger, True Religion, Wonder Nation, Shoes over size 6Y, Items without size/brand labels

PLEASE NOTE THAT OWL TREE WILL NOT ACCEPT ANY ITEMS WITH HOLES, TEARS, STAINS, PILLING, MISSING BUTTONS OR TRIM, OR BROKEN ZIPPERS. ALL ITEMS INCLUDING SHOES MUST BE FRESHLY LAUNDERED AND FOLDED, AND FREE OF PET HAIR, ODORS, INSECTS OR ANY OTHER CONDITION THAT IMPAIRS THE SALEABILITY OF SUCH ITEM IN OWL TREE’S SOLE DISCRETION. 

 

Getting Started with Owl Tree Kids Consignment

1. To consign items, please go to the 'Consign' link on our site to enter all necessary information.
2. After sign-up, you will choose to make an appointment to visit our store, or to elect to ship in your items directly at the expense of the consignor (for non-Brooklyn residents only).
3. Whether dropping off or shipping items using your own shipping materials, Owl Tree strongly suggests wrapping items in a trash bag to prevent water damage during transport/shipping, and to include your full contact information, including return address, phone number and email in the shipping package.
4. Please ship items to our Brooklyn store address:

1. Owl Tree will only review 50 items per appointment / shipment.
2. Consignors may only have one appointment per calendar month.
3. All goods sent or delivered to Owl Tree will be thoroughly reviewed for consignment eligibility, including wear and tear, quality of goods, seasonality and aesthetic.  OWL TREE RESERVES THE RIGHT TO REFUSE ANY ITEMS WE DEEM ARE UNSALEABLE DUE TO LOW RESALE VALUE, CONDITION, AUTHENTICITY OR OTHER ISSUES AT ANY TIME DURING THE CONSIGNMENT PERIOD AND SHALL HAVE NO OBLIGATION TO COMPLETE ANY SALES PERIOD FOR ANY SUCH ITEMS DEEMED UNSALEABLE.
4. The process of reviewing goods, creating an inventory of those items accepted for consignment (each and collectively, the “Property”), and photography will happen at the earliest possible date. 
5. For any items not accepted for consignment via shipment will be donated to an organization of Owl Tree’s discretion.  For in person appointments, all unchosen items will need to be taken away by consignor.

Sales of Consigned Goods

1. Consignment Period.  The 90-day consignment period begins when the Property is first put up for sale on any of the Owl Tree sales channels.  Property may be accepted for a future season and held until the appropriate time to launch for sale.  Owl Tree reserves the right to extend the period of sale past 90 days in its sole discretion. 
2. Net Sales Price means the price at which Property is sold, less applicable discounts and promotions and excluding taxes and shipping.  THE NET SALES PRICE SHALL BE DETERMINED BY OWL TREE IN ITS SOLE DISCRETION. 
3. Owl Tree will conduct promotions & sales as needed to manage its business without any need for prior approval from Consignor.
4. Commissions.  Consignors will receive a commission of 30% of the Net Sales price of Property sold by Owl Tree. THE PARTIES AGREE THAT OWL TREE MAY AMEND THE COMMISION PERCENTAGE UPON WRITTEN NOTICE TO CONSIGNOR.
5. Payment.  Consignors can receive proceeds of Property as:
1. Paypal;
2. Venmo;
3. Store credit plus a 20% bonus of such proceeds.
6. Consignor’s Representations, Warranties and Indemnification. The Consignor hereby warrants to Owl Tree that it has good and marketable title to the Property, none of which is subject to any liens, security interests or other encumbrances, and further warrants to Owl Tree that the Property consigned pursuant to this Agreement is not in violation of any trademark, copyright, or other proprietary right of any third party or of any state or federal law or administrative regulation. The Consignor hereby agrees to indemnify and hold harmless Owl Tree from all damages, suits, litigation, awards and costs, including but not limited to attorney’s fees that may arise out of the display or sale of the Property for any reason whatsoever, including but not limited to civil or criminal claims regarding authenticity, legality, ownership, infringement of copyright or trademark or any other claim that may exist in law or equity. 
7. Delivery of Property; Risk of Loss; Insurance.  Owl Tree will accept Property from you on a consignment basis only. You are responsible for all risk of loss or damage to the Property until Owl Tree takes physical possession of it; however, if you use Owl Tree's approved, pre-paid shipping label and approved method of shipment to ship your Property, Owl Tree will assume the risk of loss or damage to the Property upon shipment. If Property is damaged, stolen, or lost while in Owl Tree's possession, it will be deemed Sold and Owl Tree will pay you a commission on such Property. The commission will be based on the estimated Net Sales Price of the damaged, stolen or lost Property, which will be determined solely by Owl Tree. Payment of the Net Sales Price for the damaged, stolen or lost Property shall constitute Consignor’s sole remedy and entire recourse against Owl Tree for such Property, and the parties agree that payment of the Net Sales Price for the damaged, stolen or lost Property shall be  in lieu of any other remedy otherwise available as a matter of law or equity.
8. Title to Property.  You will continue to own and have title to Property until the Property is “Sold.” Property will be considered Sold when:
1. it is sold by Owl Tree to a customer and not returned to Owl Tree within the period specified in Owl Tree's then-current Return Policy(see www.owltreekids/returns); or
2. it is lost, stolen, damaged, or destroyed while in Owl Tree’s possession.
9. Unsold Property.  For Property remaining unsold after the sales term, Owl Tree will donate to an organization of their choosing.

Miscellaneous.

1. Beginning May 1st 2023 all goods taken in for consignment that receive a retail of less than $49.00 will be donated if unsold after a minimum of 90 days in assortment. The return option will no longer be available for goods with a sale price below $49.00. For the small amount of items that do not pass a final inspection at pricing, we will also reach out to consignors for return or donate instructions.
2. Any item of active inventory you would like to return back to you will be $1 per item.
3. Notices. Owl Tree shall provide all notices to you at the email address or physical address that you have provided to Owl Tree. You are solely responsible for keeping that information current with Owl Tree. You hereby agree that any and all agreements, notices, disclosures, and other communications that Owl Tree provides electronically to you shall satisfy any legal requirement that such communication be in writing.
4. Entire Agreement. This Agreement, including all attachments, constitutes the entire agreement among the parties to this transaction and replaces all prior agreements, communications and representations. No agreements, communications or representations made by any party to this Agreement that is not expressly stated in this Agreement are legally binding.
5. No Implied Waiver. Either party’s failure to insist, in any one or more instances on strict performance by the other party of any of the terms to this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
6. Severability. If one or more of the provisions of this Agreement shall be declared or held to be invalid, illegal, or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and any such declaration or holding shall not invalidate or render unenforceable such provision in any other jurisdiction.
7. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
8. Counterparts/Electronic Signature. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, email, or other electronic medium shall have the same force and effect as an original signature.
9. Amendments. No amendment, modification or waiver of any terms of this Agreement shall be valid unless it is written and approved by all parties to this transaction.
10. Choice of Law. This Agreement and any breach thereof or claims relating to or arising therefrom shall be construed and governed by the laws of the State of New York.

PLEASE EMAIL service@owltreekids.com WITH ANY QUESTIONS.