Consignment Terms and Conditions

The terms and conditions set forth below constitute a contract between you and Encore La Mode (ELM) (the “Agreement”).  Please thoroughly review the terms of this Agreement.  You must agree to the terms of this Agreement to consign goods with ELM.

Once you agree to the terms of this Agreement, it will remain in effect until termination by you or ELM.

By agreeing to the prices we have quoted you for your goods via email, you hereby are agreeing to our Consignment Terms. 

1. PRODUCT INFORMATION AND APPROVAL PROCESS

1.1 ELM Consigns, purchases, markets, and sells luxury designer items, clothing, accessories, jewellery, watches, furniture, home goods, and fine art, through www.encorelamode.com (the “Website”).

To sell an item with us, We will first need to create a seller account and You will need to provide Your contact and payment information. 

1.2 You desire for ELM to sell your items (the “Property” or “Items”) on a consignment basis, meaning that you (not ELM) will still own the Property after you transfer physical possession of the Property to ELM. ELM is a marketing platform and does not own any stock unless an agreed purchase has been made prior.

1.3 You agree to complete the Approval Process consisting of (1) (1)binding Online Quotation or (2) Virtual and/or Office Consultation.

• Online Quotation: you will be offered the choice between receiving an Online Quotation for your item(s) or scheduling a consultation with an ELM specialist.  Should you select to receive an Online Quotation, you will be required to submit images for each individual item, this can be done via email or Whats App. As soon as practicable you will receive an email/ message from ELM notifying you whether your Property has been accepted into its consignment program (“Accepted”), subject to authentication*, and containing the offer price for your Property (“Offer Price”). THE OFFER PRICE WILL BE DETERMINED BY ELM AT ELM’S SOLE DISCRETION. ELM has the sole discretion to accept or reject the Property upon its receipt and physical inspection of the Property.
• Virtual and/or Office Consultation: If you elect to schedule a Virtual and/or Office Consultation (the “Consultation”), you will receive an email notification from ELM to schedule the Consultation As soon as practicable, you will receive an email notifying you whether ELM has chosen to provide you with an Offer Price(s) for the Property. OFFER PRICES WILL BE DETERMINED BY ELM AT ELM’S SOLE DISCRETION unless previously agreed in writing.  Offer Prices are subject to change upon ELM’s receipt and physical inspection of the Property.  ELM has the sole discretion to accept or reject the Property upon its receipt and physical inspection of the Property.

1.4 You will have 14 days from receipt of the Offer Price to accept the Offer Price, meaning that you agree to provide the Property to ELM for the Offer Price.  Execution of this Agreement shall constitute valid acceptance of the Offer Price.

If the Offer is accepted post this timeframe, ELM will be entitled to re-price the property and send a new offer, as the resale market continuously changes

1.5 Once the Offer Price is accepted and ELM receives the Property, ELM will list the Property as available for sale on the Website.

ELM is fully entitled to raise the selling price of Items by however much deemed necessary IF the product has increased in resale value or if the product is in high demand at any given time. 

AUTHENTICATION

* Referring to the starred subject of authentication, you agree that all Items are authentic to the best of your knowledge. If an item is found to be counterfeit, the consignor will cover costs of loss via invoice. Please see more on our authentication in section 3

2. PRODUCT DELIVERY, RISK OF LOSS

2.1 Once the Property is Accepted by ELM, you may either (1) deliver the Property to ELM; (2) ship the Property to ELM using a registered and trackable delivery service

2.2 ELM, at its sole discretion, may offer White Glove Service to retrieve the Property.

2.3 PROPERTY IS ACCEPTED BY ELM SOLELY ON A CONSIGNMENT BASIS.  Until ELM takes physical possession of the Property, you are responsible for the risk of loss or damage to the Property.

2.4 If Property is damaged, stolen or lost while in ELM’s physical possession, ELM will pay you a commission, based upon the agreed consignment price. ELM is fully insured for all property, once the property is in ELM’s possession. determined at its sole discretion.  This will be your only remedy and entire recourse against ELM for Property that is damaged, stolen, or lost, and is in lieu of any other available remedy.

3. PRODUCT CONDITION, INSPECTION AND INITIAL AUTHENTICATION

3.1 Upon its physical possession of the Property, ELM will inspect the property to assess its authenticity, condition, and identify any undeclared damage.  At its sole discretion, ELM will determine the Property’s authenticity, quality, and value.  The condition of the Property will affect its valuation.

Product condition is key to our business and we urge consignors to dry clean their products before offering them for sale through ELM. If the item needs dry cleaning, a charge will be deducted upon the sale of the item. Any costs of £25 and under will be deducted without prior authorisation from the consignor. Any serious damages /repairs /stains that need addressing will be processed by customer support and agreed prior to sale. Whether that is by returning the item, or the consignor paying for repairs themselves privately. Stock that needs dry cleaning or repair through the fault of ELM will be repaired at the expense of ELM. 

3.2 ELM only accepts Property for consignment (a) that ELM determines in its sole discretion to be in very good to Pristine condition; See FAQ for details on our condition guidelines; (b) that ELM determines in its sole discretion to be authentic; and (c) for which the representations and warranties you make in the “Representations, Warranties, and Indemnification” section below are true.

3.3 If the Property is not as described or is not in the same condition as it was during the Consultation, the Property will be deemed unfit for consignment and will be returned to you at your expense.  ELM, at its sole discretion, may modify the Offer Price for the Property. If the Property does not otherwise meet the requirements outlined in Paragraph 3.2, above, the Property will not be Accepted and will either be (a) returned to you at your expense, or (b) with your written approval, ELM will donate your Property to a charity of its choice.

ELM uses internal and external Authentication methods, which are Globally known in the resale industry. If an item is deemed counterfeit, you will receive an email from ELM. The Property will be deemed unfit for consignment and will be returned to you at your expense. 

Please note that Items are processed through very thorough departments, where the item is conditioned, prepped, cared for, stored safely, as well as photographed and styled to show the best aspects of the product. This takes time and the wait from confirmation can take up to three weeks to put online at our most busy times.

4. COUNTERFEIT PRODUCTS, FEES, AUTHENTICATION, OR STOLEN PROPERTY

4.1 We are committed to preventing the sale of counterfeit and inauthentic goods and have created an authentication process to prevent the sale of counterfeit and stolen goods. You are responsible for ensuring the authenticity of all Property that you provide to ELM.  If ELM cannot confirm the authenticity of any item of Property that you have provided, ELM shall have the right at its sole discretion to refuse to accept the item. We reserve the right, in Our sole discretion, to deny the use of Our services to any consignor who submits counterfeit Items for sale

4.2 If at any time ELM determines that the Property is counterfeit or otherwise inauthentic, ELM shall notify you that it has made such a determination and you will have an opportunity to provide proof of purchase and/or other proof of authenticity deemed acceptable by ELM. If a product is determined by ELM as counterfeit, the consignor will be responsible to cover all costs to ELM. This is inclusive, but not limited to, Shipping costs, Authentication and Time. You will indemnify and hold ELM harmless from any liability resulting from your misrepresentation. Costs can range up to £300 for certain products. ELM is entitled to hold the product in either the office or HQ prior to receiving payments. The consignor is eligible to receive their counterfeit Items post payment. 

4.3 You acknowledge and understand that ELM is subject to laws and regulations relating to claims that consigned Items are counterfeit, have been stolen, or otherwise violate applicable law.  ELM takes such reports seriously and will cooperate with law enforcement in all investigations.  If at any time ELM determines that you are not the rightful owner of the Property, the Property will be deemed unfit for consignment and ELM will report the instance to the appropriate law enforcement.  You will indemnify and hold ELM harmless from any liability resulting from your misrepresentation.

5. CONSIGNMENT TERM

5.1 The “Consignment Term” begins on the date that the Property is Accepted into ELM’s consignment program, and terminates on the 365th day thereafter, regardless of whether this Agreement has been terminated by either party during that time.

5.2 At any time during the Consignment Term before the Property has been sold, you may request in writing to accounts@encorelamode.com that the Property is returned to you, at your sole expense of shipping, so long as the property has not been sold.  Once ELM receives your return request, ELM will use commercially reasonable efforts to remove the Property from the Website before it is sold.  It is your responsibility to provide ELM with your current shipping address and contact information.

5.3 ELM will charge a £14 listing fee for each item where there has been return request before the timeframe of three months from Acceptance. ELM is entitled to hold the product in either the office prior to receiving payments. The consignor is eligible to receive their Items post payment.

5.4 If the return is requested after three months and prior to six months after Acceptance, the item will be returned within 30 days at your expense and a £6 listing fee per item will be charged.

5.5 If the return is requested after six months after Acceptance, the item will be returned within 30 days at our expense. This relates only to Property from the United Kingdom.

5.5 ELM will notify you via email if the Property is unsold at the end of the Consignment Term.  You will have the option to (1)Have the Property relisted for another Consignment Term (2) have the Property returned to you, at ELM’s sole expense, or (3) have ELM donate the item to a charity of ELM’s choice.  It is your responsibility to ensure that ELM has your current email address throughout the Consignment Term.  If, after using commercially reasonable efforts, ELM is unable to contact you within thirty (30) days of the expiration of the Consignment Term, you agree to forfeit the Property, and ELM may donate the Property to a charity of its choice.

6. SALE PROCESS

6.1 So long as you comply with this Agreement, ELM will display on the Website, and will make commercially reasonable efforts to sell the Property.  You acknowledge and agree that:

6.2 ELM in its sole discretion will determine the initial selling price for each item of Property (the “Proposed Consignment Price”) based upon its evaluation of the condition, together with its determination of the current market price for that item;

6.3 To market and promote the sale of each item, ELM may, in its sole discretion, apply an immediate 20% discount to the item, which will affect the item’s Initial Sale Price, unless ELM and you have otherwise agreed in writing to a specific price at which a specific item must be sold. 

6.4 ELM may offer additional discounts and promotions during the Consignment Term, without notice to you, to efficiently market the Property, without notice to you, unless previously agreed in writing between you and ELM. The consignor receives the outlined commission rate of what the item sells for, which could be up to 30% Less than the Initial Proposed Consignment Price, without prior warning. 

7. SALE OF PROPERTY; TITLE.  

ELM complies with government laws of sales and returns periods. We offer our buyers a 14 day return window. If the item being returned is in any other condition other than what it was sent out in, then ELM is eligible to cancel the refund process. Consignors must await the refund period in order to see their sales on their account. If an item is in the returns period, it will show up as “Pending” on their statements.

ELM Accepts Property solely on a consignment basis.  You will retain title to the Property until the Property is “sold.”  The Property is considered Sold when:

(1) It is sold by ELM to a customer and is not returned within ELM’s 14-day return period; or

(2) It is lost, stolen, damaged, or destroyed while in ELM’s physical possession.

8. COMMISSION STRUCTURE AND PAYMENT

8.1 The commission window coincides with the Consignment Term and is the 365-day period in which you have the opportunity to earn a commission until your item sells.

8.2 You will receive a commission from ELM from the Sale of all of your Property within a Commission Window, less applicable discounts and promotions and excluding taxes and shipping. 

8.3 ELM may also, from time to time in its sole discretion, (a) for promotional reasons and without notice, offer Special Commission Rates that apply only to specific item categories, are offered for a specific period, or that have other special conditions, and (b) make other changes to its Commission structure and the Commission Rates upon at least 14 days’ notice to you as described in “Amendments,” below.

8.4 Calculation of Commissions ELM will pay you a commission on each item of Property that is Sold.  The Commission shall be equal to the item’s Net Selling Price multiplied by the applicable Commission Rate. The commissions you receive for Sales of your Property are the sole compensation you will receive under this Agreement. Any discounts applied to the sale of the consigned Items, will affect the commission on both parties. The consignor will always receive the correct commission post the sales. 

8.5 Payments.  ELM typically begins processing Commission payments on the last day of every month for sales that occurred during the month.  For example, payments processed on April 1st would cover the sales period from March 1st – March 31st.  Payments will be made to you in GBP, exchanged from the currency in which it was purchased, and at the rate applicable on the date the item of Property was Sold.  Payments will be made to you by physical check or direct deposit.

8.6 The timing of processing and delivering Commission payments will vary by the payment method you select but will typically take at least two business days.

8.7 If there is a dispute between you and ELM under the terms of this Agreement, ELM shall not pay any Commissions or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved.  EML may withhold any Commissions due to you (including any due for Sold items of Property not subject to the dispute) in full or partial satisfaction of any amounts you owe to ELM.

9. NO ASSIGNMENT

You may not assign this Agreement or any interest in this Agreement without ELM’s written consent.  Any prohibited assignment is null and void.

10. DISCLAIMER AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF ELM’S SERVICES IS AT YOUR SOLE RISK.  ALL OF ELM’S SERVICES ARE OFFERED AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ELM EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER.  ELM MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  NO INFORMATION OBTAINED BY YOU FROM ELM, ITS WEBSITE, OR ITS SERVICES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY.

2. ELM 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 ELM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (1) THE USE OF OR INABILITY TO USE ELM’S SERVICES OR THE WEBSITE; (2) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR (4) ANY OTHER MATTER RELATING TO ELM’S SERVICES OR THIS AGREEMENT.

3. IN NO EVENT WILL ELM’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT IT HAS RECEIVED AS A RESULT OF SELLING YOUR PROPERTY UNDER THE TERMS OF THIS AGREEMENT.

4. THE DISCLAIMERS AND LIMITATIONS ABOVE ARE A FUNDAMENTAL PART OF THE BASIS OF ELM’S BUSINESS AND ELM WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THEM.

5. 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.

11. YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

11.1 YOU REPRESENT THAT THE PROPERTY IS OWNED SOLELY BY YOU AND FREE FROM ANY ENCUMBRANCES AND THAT YOU HAVE THE RIGHT TO CONSIGN THE PROPERTY.  YOU REPRESENT THAT THE PROPERTY IS NOT COUNTERFEIT AND DOES NOT INFRINGE UPON, VIOLATE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY UNDER ANY LAW OF THE UNITED KINGDOM.

11.2 You hereby indemnify and hold ELM harmless from all damages, suits, litigation, awards, and costs, including but not limited to attorneys’ fees and costs, incurred by ELM as a result of or arising in any way out of ELM’s display or sale of the Property, including but not limited to lawsuits of any kind over authenticity or ownership of the Property, legality of sales, or trademark infringement. You expressly consent to the jurisdiction of the United Kingdom with respect to any matter arising out of this Agreement.

11.3 This Agreement, or the breach of this Agreement, and all claims of any kind relating to or arising from this Agreement and the relationship between you and ELM, shall be governed by the laws of the United Kingdom, without regard to its conflict of law principles.

12. AMENDMENTS

12.1 ELM may update or change any of the terms or conditions of this Agreement in its sole discretion at any time. It is the consignors duty to keep up to date with the Terms of this agreement, Revised terms will not apply to Property already Accepted for consignment before the effective date of the revised terms.

12.2 You shall be bound by all revised terms on the effective date, including any changes to the Commissions or Commission Rates, unless you terminate this Agreement before the effective date of the revised terms. 

12.3 Should you not agree to the revised terms, your only recourse is to terminate this Agreement and have all Items returned to you at your own cost.

13. ENTIRE AGREEMENT

This Agreement sets forth the final, complete, and exclusive agreement between you and ELM regarding its subject matter and terminates and supersedes all prior understanding or agreements on such subject matter.  Except as outlined in Paragraph 12, this Agreement may only be modified by a written agreement between you and ELM.

14. NO IMPLIED WAIVER

Any failure by you or ELM to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision of this Agreement.

15. SEVERABILITY

If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable.

16. SURVIVAL AFTER AGREEMENT

The indemnities, representations, warranties and agreements by you and ELM contained in this Agreement, shall survive the Consignment Term, sale process, payment of funds, expiration and/or termination of this agreement, and shall remain in full force and effect.

17. HEADINGS

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

18. NOTICES

18.1 If you have any questions or comments about this Agreement, the Website, or ELM’s services, or if you wish to terminate this Agreement, please contact ELM by email at accounts@encorelamode.com

18.2 ELM shall provide all notices to you at the email address or physical address that you provided to ELM.  You are solely responsible for keeping that information current with ELM.

18.3 You agree that all agreements, notices, or disclosures, and other communications that ELM provides electronically to you, satisfy any legal requirement that such communications must be in writing.

19. DISPUTE RESOLUTION

19.1 Informal Dispute Resolution.  Except for any controversy or claim relating to or arising from your representations, warranties, and indemnity obligations outlined in Paragraph 11 above, you and ELM agree that, with respect to any matters, disputes, or claims between you and ELM arising from or related to this Agreement or your relationship with ELM, you and ELM shall negotiate in good faith to informally resolve the problem or dispute.  If the problem or dispute is not resolved satisfactorily within 60 days after you or ELM receive notice from the other party under Paragraph 18 “Notices,” above, you or ELM may submit the dispute to binding arbitration under the provisions of Paragraph 19.2 below.

19.2 Binding Arbitration. Except for any controversy or claim (1) relating to your obligation to indemnify ELM, outlined in Paragraph 11, above, or (2) properly filled in the County Court Money Claims Centre on an individual basis, any claim, dispute, or controversy between you and ELM arising from or relating to this Agreement or the relationships resulting from this Agreement, which remains unresolved after you and ELM have attempted to resolve it informally, shall be resolved by binding arbitration brought on an individual basis before the London Chamber of Arbitration and Mediation or such other arbitration provider as agreed between you and ELM, in a manner consistent with the terms of this Agreement. You and ELM shall submit all available documents that support all claims, counterclaims, and defences, at the time of submission of the initial claim or response thereto.  Formal discovery will only be permitted upon a showing of good cause and subject to the arbitrator’s approval.  If the arbitrator requires an in-person proceeding, such proceeding shall take place in London, United Kingdom.  You and ELM shall each pay your arbitration and hearing fees, costs, and expenses, including but not limited to expenses for attorneys, experts, and discovery.  The arbitrator shall issue a written award.  Any award of the arbitrator may be entered as a judgement in any court having jurisdiction. After arbitration is commenced, if the initiating party (“Claimant”) makes an offer of settlement that is rejected by the other party (“Respondent”), and Claimant is the prevailing party in arbitration and recovers an amount equal to or greater than Claimant’s offer of settlement, Claimant shall recover Claimant’s reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and pursuing the claim in arbitration, up to 25,000 GBP.  After arbitration is commenced, if the Respondent makes an offer of settlement that is rejected by Claimant, and Claimant either does not prevail or does not recover more than Respondent’s offer of settlement (exclusive of attorneys’ fees or costs awarded to Claimant by the arbitrator), Respondent shall recover Respondent’s reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and pursuing the claim in arbitration, up to 25,000 GBP. 

19.3 Exceptions.  This agreement to arbitrate does not apply to claims filed on an individual basis in the County Court Money Claims Centre, within that court’s jurisdiction and proceeding on an individual basis.  You and ELM expressly agree that arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or bases involving claims brought in a purported representative capacity on behalf of others.  The arbitrator’s authority to resolve and make written awards is limited to claims between you and ELM.  Claims may not be joined or consolidated unless agreed to in writing by all parties.  No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.  Notwithstanding any other provision of this Agreement, if any portion of this “Exceptions” provision is deemed invalid or unenforceable, then this entire Arbitration Provision (other than this sentence) shall not apply.

19.4 Voluntary and Knowing Waiver.  BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR CAPACITY, AND NOT IN ANY REPRESENTATIVE CAPACITY.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURTS, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.