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. To confirm your understanding and acceptance of the Agreement, submission of this form indicates your acceptance of terms. You must agree to this Agreement if you wish to consign goods through Owl Tree Kids. 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. All brands accepted.
    • Kids items ACCEPTED include:
      • Shirts
      • Tees
      • Sweatshirts
      • Sweaters
      • Dresses
      • Jeans
      • Pants & Leggings
      • Skirts
      • Shorts
      • Coats & Jackets
      • Costumes
      • Sleepwear
      • Athleisure
      • Swim
      • Cover-ups
      • Jewelry
      • Hair Accessories & Hats
      • Bags & Backpacks
      • Cold Weather Accessories
      • Shoes
      • Swimwear 
      • Socks & Tights 
    • Kids items NOT ACCEPTED include:
      • Used Underwear
      • School or Local Business Gear
  2. Maternity We accept new with tags, unworn, and freshly laundered in very good to excellent used maternity clothing, sizes 0- 20. All brands accepted.
    • Maternity items ACCEPTED include:
      • Shirts
      • Tees
      • Sweatshirts
      • Sweaters
      • Dresses
      • Jeans
      • Pants & Leggings
      • Skirts
      • Shorts
      • Coats & Jackets
      • Athleisure
      • Formalwear
      • Swimwear 
      • Nursing Bras (unworn with tags only)
      • Sleepwear 
    • Maternity items NOT ACCEPTED include:
      • Used Bras & Underwear

PLEASE NOTE THAT OWL TREE WILL NOT ACCEPT ANY ITEMS WITH HOLES, TEARS, STAINS, HEAVY PILLING, MISSING BUTTONS OR TRIM, OR BROKEN ZIPPERS.

Getting Started with Owl Tree Kids & Sending Items for Consignment Review

  1. To consign items, please go to the 'Consign' link on our site to enter all necessary information.
  2. After sign-up, a team member will be in touch shortly to coordinate.
  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: Owl Tree Kids, LLC. 495 Henry Street #942 Brooklyn, NY 11231

Owl Tree Review Process

  1. 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 to list any items we deem are unsalable due to low resale value, condition or authenticity issues.
  2. For any items not accepted for consignment, you have the option to have your items returned (all return shipping is at your cost of $15 per box) or donated to an organization of Owl Tree’s discretion.

Sales of Consigned Goods

    1. Consignment Period: The 90-day consignment period begins when items are first put up for sale on any of the Owl Tree sales channels. Items 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, pending written Consignor approval and extension of consignment contract.
    2. Net Sales Price: Means the price at which an item is sold, less applicable discounts and promotions and excluding taxes and shipping. Purchaser will pay flat $7 shipping for all orders less than $50. Shipping on orders over $50 will be provided free to customer at Owl Tree Kids expense. NET SALES PRICE SHALL BE DETERMINED BY OWL TREE IN ITS SOLE DISCRETION UNLESS CONSIGNOR AND OWL TREE OTHERWISE AGREE IN WRITING TO NET SALES PRICE FOR A SPECIFIC ITEM OF PROPERTY.
    3. Owl Tree will conduct promotions & sales as needed to manage business, without any needed prior approval of Consignor.
    4. Commissions: Consignors will receive a commission of 50% of the Net Sales price for all items sold by Owl Tree.
    5. Payment: Consignors can receive proceeds of Sold items as:
      • Paypal or Venmo
      • Mailed check
      Monthly proceeds will be sent the first week after the end of the month in which an item is sold.
    6. Consignor’s Representations, Warranties and Indemnification: The Consignor hereby warrants to Owl Tree that it has good and marketable title to the items, none of which are subject to any liens or other encumbrances, and further warrants to Owl Tree that the items consigned pursuant to this Agreement are not in violation of any trademark, copyright, or other proprietary right of any third party, 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 items for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark or any other claim or litigation.
    7. Delivery of Property; Risk of Loss; Insurance: Owl Tree accepts items (“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 an item of 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 that item. The commission will be based on the damaged, stolen, or lost item’s estimated Net Sales Price, which will be determined solely by Owl Tree. This remedy shall constitute your sole remedy and entire recourse against Owl Tree for Property that is damaged, stolen, or lost and is in lieu of any other remedy otherwise available as a matter of law or equity. 4
    8. Title to Property: You will continue to own and have title to each item until that item is “Sold.” An item will be considered Sold when:
      • 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
      • it is lost, stolen, damaged, or destroyed while in Owl Tree’s possession.
    9. Unsold items: For items remaining unsold after 90-day consignment period without extension, items will be donated to an organization of Owl Tree’s discretion.

Miscellaneous

  1. 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 keeping that information current with Owl Tree. You hereby agree that all agreements, notices, disclosures, and other communications that Owl Tree provides electronically to you satisfy any legal requirement that such communications be in writing.
  2. 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.
  3. 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.
  4. 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.
  5. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
  6. 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.
  7. 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.
  8. 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.