Main Street Kids is pleased to offer you the opportunity to consign your merchandise with us.
We strive to provide our customers with quality merchandise at affordable prices. Because of this,
we only accept merchandise that is CLEAN, free of STAINS, TEARS, and with no missing or broken,
BUTTONS, SNAPS, or ZIPPERS. USED UNDERGARMENTS will NOT be accepted.
CONSIGNMENT TERMS & CONDITIONS:
1. PARTIES & PURPOSE
These Consignment Terms & Conditions (“Terms”) govern all consignment transactions between Main Street Kids, a California retail business (“Store”), and any individual consigning merchandise (“Consignor”).
These Terms apply to all consignments, whether made in person or otherwise, and supersede all prior oral or written understandings.
2. ACCEPTABLE MERCHANDISE
All items submitted for consignment must meet the Store’s quality, safety, and resale standards, as determined solely and at the absolute discretion of the Store.
Items must be:
• Clean and free from stains, tears, odors, or excessive wear
• Free from missing, broken, or malfunctioning parts (including buttons, snaps, zippers, or components)
• Safe, intact, and appropriate for resale
Used undergarments are not accepted.
Toys and games must be complete.
Baby items must be clean, safe, and fully functional.
The Store reserves the unrestricted right to refuse any item for any reason.
3. CONSIGNMENT COMPENSATION
Standard compensation is 40% store credit to Consignor / 60% retained by Store.
Items deemed poor quality by the Store may be accepted at a reduced rate of 10%–30% store credit.
All compensation is issued as store credit only.
No cash payouts, refunds, or exchanges are offered under any circumstances.
Consignor expressly acknowledges and agrees that:
• Store credit has no cash value
• Store credit is not redeemable for cash
• Store credit is not a gift certificate under California Civil Code §1749.5
4. STORE CREDIT TERMS (CALIFORNIA DISCLOSURE)
Store credit is issued as items sell.
Store credit expires one (1) year from the date it is issued.
Expired store credit is forfeited and permanently void.
Consignor is solely responsible for monitoring and redeeming store credit.
Store credit balances may be checked by calling or visiting the Store.
The Store has no obligation to provide reminders, notices, statements, or warnings regarding store credit balances or expiration.
The Store is not responsible for unredeemed, forgotten, lost, or expired store credit.
5. CONSIGNMENT PERIOD
The consignment period is ninety (90) days from the date items are entered into the Store’s system (“Consignment Period”).
6. OWNERSHIP & UNSOLD ITEMS
During the Consignment Period, ownership of consigned items remains with the Consignor.
Upon expiration of the Consignment Period, all unsold items automatically and irrevocably become the property of Main Street Kids.
Consignor expressly:
• Waives any and all rights to reclaim, retrieve, or receive compensation for unsold items after the Consignment Period
• Acknowledges that no notice is required prior to ownership transfer
After ownership transfers, the Store may sell, donate, discard, or otherwise dispose of items at its sole discretion.
7. PRICING, PROMOTIONS & MARKDOWNS
All pricing, promotions, discounts, markdowns, and timing thereof are determined solely by the Store.
Consignor expressly waives any right to dispute:
• Initial pricing
• Promotional pricing
• Markdown timing or amounts
8. REMOVAL OF ITEMS
Consignor may not remove items from the sales floor or Store inventory.
Any item removed by the Consignor without authorization shall be deemed a retail transaction and must be purchased at the current marked retail price plus applicable sales tax.
9. DROP-OFFS & ACCEPTANCE
Items are accepted only with prior Store approval.
Drop-offs are limited to 30–40 items per visit.
Appointments are not required.
Items not accepted for consignment may be donated or disposed of at the Store’s discretion.
10. RISK OF LOSS & NO BAILMENT
Consigned items are left at the Store entirely at the Consignor’s own risk.
The Store is not responsible for loss, theft, fire, water damage, vandalism, or any other damage, whether foreseeable or unforeseeable, while items are on the premises or in transit.
This Agreement does not create a bailment relationship.
The Store does not insure consigned items and has no obligation to do so.
11. NO GUARANTEE OF SALE
The Store makes no guarantee that any item will sell or sell at any particular price.
12. PRE-DISPUTE RESOLUTION & SMALL CLAIMS
Before filing any claim or legal action arising from or related to these Terms, Consignor agrees to first attempt to resolve the matter in good faith by contacting the Store directly.
If the dispute cannot be resolved informally, either party may pursue a claim in California Small Claims Court, subject to applicable jurisdictional limits.
Consignor agrees that:
• Any claim shall be filed only in Nevada County, California
• Each party shall bear their own costs and fees
• These Terms do not waive any rights available under California Small Claims law
Class actions, representative actions, and consolidated claims are prohibited.
To the fullest extent permitted by law, Consignor knowingly and voluntarily waives any right to a jury trial for any dispute arising out of these Terms.
13. GOVERNING LAW & SEVERABILITY
These Terms are governed by the laws of the State of California.
If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.
14. ENTIRE AGREEMENT
These Terms constitute the complete and exclusive agreement governing consignment transactions with the Store and supersede all prior discussions or agreements.
No modification is valid unless made in writing by the Store.
15. INCORPORATION BY REFERENCE / ACCEPTANCE
These Consignment Terms & Conditions are incorporated by reference into the Main Street Kids Consignment Summary & Acknowledgment Form.
By signing the Summary & Acknowledgment Form, Consignor expressly acknowledges that they have received, read, understood, and agree to be bound by these Terms, which are enforceable as if fully set forth in the signed document.
Please let us know if you have any questions.
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