Right to Sell
The Consignor grants Canary the exclusive right to display and sell consigned item/s according to the terms and conditions of this Agreement.
- Terms Applicable to Consignors: Consignor will make the Property available to Canary on a consignment basis, and the Consignor appoints Canary as the consignor in respect to any item of accepted Property.
- Delivery of Property: Consignor shall be responsible for all expenses and risk for shipping the Property to Canary or to other designated locations of Canary such as IGL (International Gemological Laboratories).
- Property Acceptance: Upon receipt of the Property, Canary will further evaluate the Property to determine value and verify authenticity. The decision of Canary regarding acceptance or non-acceptance of the Property is at the sole discretion of Canary. Once accepted, then the Consignor’s offer to enter into a consignment contract is accepted. If not accepted, then the Consignor’s offer to enter into a consignment contract is not accepted, and property will be returned to the Consignor, donated to a local charity of Canary’s choice or disposed of accordingly.
- Final Acceptance: Upon final acceptance, Canary will then categorize and price the Property according to Canary’s internal product categorization and pricing processes.
Consignor Representation
- The Consignor hereby represents and warrants that the Consignor holds full title (or has received, in writing, the authorization to sell the Consigned Item/s by any necessary parties) for the consigned item/s.
- The Consignor further represents and warrants that the item/s to be consigned are not stolen, the subject of any police investigation, or subject to a lien or other burden of title by a third party that would prevent the item from being consigned.
The Consignment Period
The Consignment Period for an item of Property shall commence on the date the Property is accepted by Canary and shall end on the date that is 12 months from the time the item is uploaded to the website. The Consignment Period may be extended by mutual consent of both parties and unless the Consignor gives notice, the assumption is that Canary will continue to sell the item(s).
- Upon acceptance of an item of Property, Canary will display the Property for sale, and will make all commercially reasonable efforts to sell the Property to a Buyer within the Consignment Period. The price will be set by Canary and may be changed from time to time, according to the business requirements of Canary, and the then-current marketplace.
- Canary may run promotions or offer discounts or otherwise adjust the pricing of any item or category of Property from time to time in the discretion of Canary. Canary may use items of Property in promotional and marketing material (such as photo shoots or other media collateral) for the purposes of selling the Property and providing consignment services under this agreement.
Consignment Terms for Items Sold
- Commission: In the event of a Sale of Property, Canary will pay to the Consignor the following: 70% of the net selling price (excluding tax, packaging and shipping).
- Payment: Payments will be available to the Consignor, upon request, within the first week of the month following the sale. Therefore, if you sell a piece of jewelry in the month of April, you are eligible for payment in the first week of May.
Unsold Consigned Items
- The onus is on the Consignor to follow up on any unsold Consigned Item/s within 12 months of their site posted date.
- In the event that any of the consigned item/s are not sold within one (1) year from the Effective Date, the Consignor shall indicate one of the following elections:
- return of the consigned item/s to the Consignor with all delivery and handling costs borne by the Consignor;
- the unsold consigned item/s may be sold in a flash sale; or
- the unsold consigned item/s not returned to Consignor shall be donated in support of a charity of Canary’s sole election.
Changes to our Terms
This Agreement is subject to occasional revision, and if we make any material changes we will post notice of the changes on our Website. These changes will be effective immediately. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the any revision of this Agreement.
Dispute Resolution
Any dispute arising from this Agreement, including the validity thereof, will be resolved by taking the following successive steps: a) by service and contractual personnel for each Party; b) by mediation; or c) by binding arbitration.
Governing Law
This Agreement shall be governed and interpreted in accordance with the laws of Alberta, Canada. The Parties hereby submit to the exclusive jurisdiction of the Courts of Alberta with respect to the subject matter of this Agreement.