Consignment Agreement

Luxe Du Jour’s Terms of Service are incorporated into this Agreement by reference. In the event of any conflict between the Terms of Service and this Agreement, the provisions of this Agreement shall control.

Luxe Du Jour’s Terms of Service are incorporated into this Agreement by reference. In the event of any conflict between the Terms of Service and this Agreement, the provisions of this Agreement shall control.

(a) Consignor represents and warrants that all property consigned to Luxe Du Jour is authentic, lawfully owned, and free of encumbrances.

(b) Luxe Du Jour guarantees the authenticity of all items it sells to buyers. If authenticity is challenged, investigated, and successfully proven, Luxe Du Jour shall provide the buyer with a full refund.

(c) Luxe Du Jour reserves the right to make an immediate internal determination that property is counterfeit or inauthentic without requiring third-party verification. Such determination may be rendered by designated Luxe Du Jour authenticators, including but not limited to specialists with completed authentication training.

(d) Luxe Du Jour authenticates all property using both internal and external third-party experts. In the event an item is determined to be counterfeit or materially misrepresented, the consignor may retrieve the item by reimbursing Luxe Du Jour for incurred authentication and handling expenses (a flat fee of $450 USD unless actual costs exceed this amount, in which case Luxe Du Jour may provide itemized proof). If not retrieved within thirty (30) days, item shall be deemed forfeited and Luxe Du Jour may dispose of it in accordance with law. 

(e) Consignor indemnifies Luxe Du Jour against any costs, damages, claims, or liabilities arising from counterfeit or misrepresented items.

Upon receipt of property, Luxe Du Jour shall authenticate, evaluate, and determine its market value. Luxe Du Jour shall provide professional photography, descriptions, listings, marketing, and may sell property through multiple channels, including but not limited to online platforms, retail locations, auctions, and livestream sales. All photography, video, and marketing assets created by Luxe Du Jour remain Luxe Du Jour’s sole intellectual property, and Consignor grants Luxe Du Jour the right to use such assets in its sole discretion.

(a) The initial consignment term shall be ninety (90) days.

(b) Luxe Du Jour may, in its discretion and on an as-needed basis in alignment with the needs of the business, apply markdowns to consigned property. Such markdowns will not exceed the scheduled amounts outlined below:

• For items valued under $5,000 CAD: 10% reduction after 30 days; 15% after 60 days; 20% after 90 days; eligible for up to 30% off after 180+ days (including promotions and sales).
• For items valued above $10,000 CAD: 5% reduction after 45 days; 10% after 90 days; 15% after 120 days; eligible for up to 20% off after 180+ days.

(c) Consignment shall not exceed three hundred sixty-five (365) days unless extended in writing by mutual agreement. If property remains unsold and the Consignor fails to respond to Luxe Du Jour’s notice, the property shall be deemed abandoned after sixty (90) days of non-response from initial communication method, at which time Luxe Du Jour may donate, recycle, or destroy the property.

(a) Consigned property must remain with Luxe Du Jour for a minimum consignment period of ninety (90) days. Requests for return prior to this period may be granted at Luxe Du Jour’s discretion and shall incur a two hundred fifty dollar (USD $250) fee per item.

(b) After the ninety (90) day minimum consignment period, Consignors may request the return of unsold property with no penalty fee, but must either provide a prepaid shipping label, or pay a label fee. 

(c) If any property remains unsold upon the expiration of the consignment term (which shall not be less than ninety (90) days and not more than three hundred sixty-five (365) days), Luxe Du Jour shall make at least two good-faith attempts to contact the Consignor, including at least one written notice sent to the Consignor’s last known mailing address. If the Consignor does not respond within ninety (90) days following the expiration of the maximum consignment term, the property shall be deemed abandoned. Upon such abandonment, Luxe Du Jour may, in its sole discretion, donate, recycle, sequester for educational purposes, or otherwise dispose of the property without further notice or liability.

(a) Luxe Du Jour shall determine the initial listing price in its sole discretion based on market data, demand, and condition of the property.

(b) If the property’s condition or attributes materially differ from Consignor’s submission and description provided therein, Luxe Du Jour may unilaterally adjust the price to better reflect the changes.

• Luxe Du Jour will provide notice of any such revision to the Consignor. If Luxe Du Jour does not receive a response within five (5) business days of such notice, the property will not be listed and shall instead be subject to a new quote. Options previously provided, including but not limited to a buyout, may no longer be available at Luxe Du Jour’s discretion in accordance with internal guidelines.

(c) Luxe Du Jour may, at its discretion, reduce listing prices consistent with Section 4(b).

(a) Consignor bears all risk of loss or damage to property until Luxe Du Jour takes physical possession or until a carrier accepts shipment using a Luxe Du Jour–approved shipping label, when applicable.

(b) If property is lost, stolen, or damaged while in Luxe Du Jour’s possession, Luxe Du Jour shall treat the property as sold at its agreed-upon listing value (net of commission and applicable fees) provided to Consignor at intake. This ensures Consignor receives the same payout they would have earned had the property sold in the ordinary course of business.

(c) Luxe Du Jour disclaims liability for property approved for return but uncollected within thirty (30) days of notification.

Consignor retains title until property is sold. Property shall be deemed sold when (i) it is sold to a customer, or (ii) it is lost, stolen, damaged, or destroyed while in Luxe Du Jour’s possession.

Unless otherwise agreed in writing, client payouts are calculated based on the originally accepted quote or any revised offers accepted by the client. Luxe Du Jour’s commissions shall be assessed on this final agreed-upon price, net of applicable fees, according to the following tiers:

• Up to $1000 | 40%
• $1,001–$2,500 | 25%
• $2,501–$5,000 | 20%
• $5,001–$10,000 | 18%
• $10,001+ | 15%

All commission brackets are determined by the final agreed-upon price, calculated in the currency of the item’s location (United States Dollars or Canadian Dollars, as applicable).

Certain items may be eligible only for instant buyout offers at Luxe Du Jour’s discretion.

(a) For consignment sales, payouts shall be processed on the Friday following the sale of the item, provided the buyer has completed payment and the Consignor has requested payout through their account dashboard.

(b) For buyouts, payouts shall be processed within three to five (3-5) business days after the item has been received, authenticated, and processed, and the Consignor has requested payout. Please note Hermes items are within seven to ten (7-10) business days.

(c) During periods of high order volume, bank delays, or operational constraints, Luxe Du Jour reserves the right to extend payout timelines. Luxe Du Jour shall notify Consignors of such delays via email or platform notification. Consignors acknowledge that payout timelines are estimates only and agree that Luxe Du Jour shall not be held liable for variations.

(a) Luxe Du Jour may amend commission structures or this Agreement upon ninety (90) days’ written notice. Consignors whose property is already in Luxe Du Jour’s possession, or received on or prior to the date of such notice, may consign under the existing terms for the duration of their ninety (90) day minimum consignment period.

(b) If a Consignor declines to accept the revised terms, they may request the return of their property prior to the effective date of the new terms. In such cases, Luxe Du Jour’s return fee shall be waived, but the Consignor shall provide their own shipping label.

(c) All property received after the date of such notice shall automatically be subject to the revised terms upon implementation.

(a) Consignor warrants that they are the lawful owner of all consigned property, that such property is authentic, free of liens, and does not infringe upon intellectual property or violate any law.

(b) Consignor shall indemnify, defend, and hold harmless Luxe Du Jour and its affiliates from all claims, damages, losses, and costs (including reasonable attorneys’ fees) arising from issues of authenticity, ownership, legality, or third-party rights.

(c) Luxe Du Jour reserves the right, in its sole discretion, to reject any property for any reason. 

(d) Luxe Du Jour will fully cooperate with and comply with all requests or investigations by law enforcement or regulatory authorities should any consigned property be flagged or suspected of being stolen, counterfeit, fraudulent, or otherwise unlawful.

Luxe Du Jour provides services on an “as is” basis without warranties of any kind. In no event shall Luxe Du Jour’s liability exceed the commission actually received from the sale of Consignor’s property or the agreed minimum payout, whichever is applicable. For purposes of calculating any payout arising from loss, theft, or damage, the property’s value shall be based on Luxe Du Jour’s discretionary discount cadence and/or the length of time the property had been listed. Accordingly, payouts may be reduced to reflect the age of the item and its corresponding adjusted net selling price. Luxe Du Jour shall not be liable for indirect, incidental, special, or consequential damages.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the State of California, without regard to conflict-of-law principles. Venue for any disputes may be, at Luxe Du Jour’s discretion, in the courts of Alberta, Canada or Orange County, California, United States.

This Agreement, together with Luxe Du Jour’s incorporated policies, constitutes the entire agreement between the parties and supersedes all prior agreements. Consignor may not assign this Agreement without Luxe Du Jour’s prior written consent.

By consigning property with Luxe Du Jour, you acknowledge that you have read and understood this Agreement, that you are the lawful owner of all consigned property, and that all items consigned are authentic to the best of your knowledge.

Thank you for your continued trust and confidence!

info@ldj.com