Resale Agreement

Resale Agreement

This Resale Agreement (this "Agreement") is made effective as of submission of both the dress and this sales agreement between Sharethelove.ly (and SustainableBrides.com Network) and "Consignor" or "Retailer" (Original Owner/Seller) ​

The parties agree as follows: ​

I. RIGHT TO SELL. Sharethelove.ly owns the right to sell "Consignor or Retailer" Wedding Dress or Wedding Decor ("Items"). In accordance with this Agreement, Sharethelove.ly has the exclusive right to sell the Items under the terms of this Agreement. Sharethelove.ly agrees to devote his or her best efforts to the sale of the Items. All sales prices and terms of sale shall be determined by Sharethelove.ly with direction from the original owner and current market demand. ​

II. PROCEEDS:

  A. DRESS SALES. 75 percent of the sales price excluding tax will be paid to "Consignor" and "Retailer". 25 percent of the proceeds from the sale of the Items will be paid to Sharethelove.ly when items are sold. For in store sales referred by Sharethelove.ly and it's inventory, 25 percent commission for in store sales (referred sales), is calculated as net-after-commissions to the consignor or original owner (detailed above). This split is available for new "Consignor"or "Retailers" through August 2020 and may be extended by Sharethelove.ly.

  B. GUARANTEE If Sharethelove.ly takes the sale item within its own inventory/premises to consign a sale item, should the sale item not sell within a 7 month period or if you are not satisfied, from the date of publishing, Sharethelove.ly and "Consignor" will agree to either purchase the sale item from the "Cosignor" or ship the sale item back to the "Consignor" at no charge.

  B. ACCESSORY & DECOR SALES. 92 percent of the sales price excluding tax will be paid to "Consignor". 8 percent of the proceeds from the sale of the Items will be paid to Sharethelove.ly when Items are sold. 

III. RECORDS. Sharethelove.ly shall keep accurate records regarding the quantities of the Items that are sold. "Consignor" shall have the right to inspect such records from time to time after providing reasonable notice of such intent to Sharethelove.ly. ​
 
IV. TITLE TO MERCHANDISE. Consigned merchandise shall remain the property of Sharethelove.ly until sold. ​

V. LOSS AND INSURANCE. Sharethelove.ly shall be responsible for all shortages, loss, or damage, while the merchandise is under the control of Sharethelove.ly. Sharethelove.ly shall maintain insurance in adequate amounts to pay for replacement of the merchandise in the event of such shortages, loss, or damage. ​

VI. PAYROLL TAXES. Sharethelove.ly shall be exclusively liable for all employee payroll taxes and insurance arising out of wages payable to persons employed by Sharethelove.ly in connection with the performance of this Agreement. ​

VII. DEFAULTS. If either party fails to abide by the obligations of this Agreement, including the obligation to remit the consignment payment to Sharethelove.ly or "Consignor" when due, shall have the option to cancel this Agreement by providing 30 days' written notice to bonnie.gringer@gmail.com. Sharethelove.ly shall have the option of preventing the termination of this Agreement by taking corrective action that cures the default, if such corrective action is taken prior to the end of the time period stated in the previous sentence, and if there are no other defaults during such time period. ​

VIII. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law. ​

IX. WARRANTIES. Neither party makes any warranties with respect to the use, sale or other transfer of the Items by the other party or by any third party. In no event will Sharethelove.ly be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to the Items. ​

X. TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the parties. Neither party shall have the right to assign its interests in this Agreement unless the prior written consent of the other party is obtained. ​

XI. TERMINATION. This Agreement may be terminated by either party by providing 30 days' written notice to the other party. ​

XII. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and there are no other promises or conditions in any other agreement, whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties with respect to the subject matter of this agreement.

XIII. AMENDMENT. This Agreement may be modified or amended, if the amendment is made in writing and is signed or agreed digitally by both parties. ​

XIV. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. ​

XV. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. ​

XVI. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Georgia. ​

XVII. SIGNATORIES. This Agreement shall be signed on behalf of Sharethelove.ly by Bonnie Gringer, Owner and Manager and by "Consignor". This Agreement is effective as of the date first

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