Consign with Us

WONDERLAND EQUESTRIAN CONSIGNMENT AGREEMENT

10018 W Villa Circle, Vero Beach, FL 32966 www.WonderlandEquestrian.com

(407)928-8090

wonderlandequestrianco@gmail.com

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS PRIOR TO SIGNING THIS AGREEMENT.

This document constitutes the Consignment Agreement (“Agreement”) between below signed name (“Consignor”), and Wonderland Equestrian, LLC, on the date executed below, subject to the following Terms and Conditions:

PRICING: Wonderland Equestrian agrees to sell Consignor’s items for a commission per the Payment provisions set forth herein (Section 11). Wonderland Equestrian, in its sole discretion, shall determine pricing on all consigned items.
INVENTORY: Once received and processed, Wonderland Equestrian shall provide Consignor with an itemized list of all accepted consigned items.
SHIPPING: Wonderland Equestrian will accept shipped items (at Consignors expense) and dropped off items to above address. We can arrange pickup within 20 miles.
SALES: When a consigned item sells, Consignor will receive a check for the sale revenue of such item one month following the month the item(s) sell (For example, a consigned item that sells in April are paid to Consignor in June).
UNACCEPTABLE ITEMS: Wonderland Equestrian reserves the right to determine the acceptability of any item for resale and may reject any item for any reason. Acceptable consigned items must be in very good to new with tags condition. Items that are not acceptable for consignment by Wonderland Equestrian will be donated or disposed of at the sole discretion of Wonderland Equestrian, unless Consignor sending items via mail elects to have such items returned to them, at Consignor’s expense via pre-paid mail. Consignors, who choose not to pre-pay for return freight charges, forfeit all right, title and interest in such items.
REPEAT CUSTOMERS: We love our repeat customers but please execute a new Agreement each time new item(s) is/are consigned.
DISCOUNTS: All accepted items are consigned for a minimum period of six months (180 days). During this period, Wonderland Equestrian reserves the right to discount unsold items in order to facilitate a sale at the following rate: 1) Immediately up to 20% for incentive discounts 2) at 3 months the item can be further discounted at 30% of original asking price 3) at 4 months the item can be further discounted at 40% of original asking price 4) at 5 months the item can be further discounted at 50% of original asking price and 5) at 6 months can be discounted further at what Wonderland Equestrian deems a sellable market value to move the item.
UNSOLD GOODS: If items remain unsold after 6 months, Wonderland Equestrian reserves the right to further discount items and/or remove them from inventory. If removed from inventory, Consignor will be notified and may choose to pick up their expired items, have them donated, or have them mailed back for a fee. Any consigned items which have not sold may be picked up prior to the expiration date of this Agreement for a fee of $10/per item and any associated cleaning/repair fees.
SHIPPING COSTS: Please note, Wonderland Equestrian reserves the right to apportion customer’s shipping costs to Consignors. Wonderland Equestrian agrees to deduct partial shipping costs for returned items and free shipping promotions from the sale of items sold/returned. Such costs shall be split evenly over the full order. Shipping costs to Customers which are apportioned to Consignors shall never exceed 10% of the selling price.
CLEANING AND REPAIR FEES: Wonderland Equestrian will evaluate all inventory prior to listing and make any necessary restorations including but not limited to, cleaning, polishing, repairs, dry cleaning, laundering and sewing repairs. Such costs will be at the discretion of Wonderland Equestrian and shall be deducted from Consignor’s sales revenue.
PAYMENT: Wonderland Equestrian will collect a 35% commission on all items sold. Payment will be made to Consignor for sold items Via PayPal, Venmo or Paper Check. You may also elect to donate your sales proceeds to charity. Please note, if you fail to specify the form of payment for your sales revenue, Wonderland Equestrian will send you a check as the default form of payment of sales revenue.
INDEMINIFICATION: CONSIGNOR SHALL INDEMNIFY, RELEASE, DEFEND, AND HOLDS HARMLESS FOREVER, WONDERLAND EQUESTRIAN, its officers, directors, shareholders, employees, successors and assigns from any and all claims and liabilities, of whatsoever kind (including but not limited to attorneys' fees), arising from or connected to the consigned terms. Wonderland Equestrian shall use all conventional safeguards in the handling and displaying of consigned items but has no legal responsibility for items on consignment.
WARRANTY: Consigner warrants and agrees that the items to be consigned are owned by Consignor and that there are no liens, judgements, or other encumbrances against the ownership, including all right of sale or transfer of the consigned terms. Wonderland Equestrian shall use all conventional safeguards in the handling and displaying of consigned items but has no legal responsibility for items left on consignment which will be disposed of or donated per Wonderland Equestrian policy.
RISK OF LOSS: Damage to items or loss of items in shipping to Wonderland Equestrian are the risk of the Consignor. Consignor is responsible for purchasing and securing insurance on any items that they are shipping to Wonderland Equestrian. Wonderland Equestrian only assumes possession and, therefore, risk of loss of items once received by Wonderland Equestrian.
ASSIGNMENT: No party may assign or transfer this Agreement without the prior written consent of the other party.
MANDATORY MEDIATION AND/OR MANDATORY ARBITRATION: The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement shall be first submitted to mediation at a mutually agreeable Mediator in Vero Beach, Florida. Either party may commence the mediation process by filing a written request for mediation with the Mediator, with a copy to the other party. In the event that mediation does not resolve the dispute, claim or controversy, the parties agree to submit to final and binding arbitration before the Arbitrator, or its successors, in Vero Beach, Florida. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with the Arbitrator, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of the Arbitrator using streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with the Arbitrator and with one another in selecting an arbitrator from the Arbitrator's panel of neutral participants, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the mediation or arbitration in good faith, and that they will share equally in its costs. The provisions of this paragraph may be enforced by any Court of competent jurisdiction, and the prevailing party shall be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the non-prevailing party.
ATTORNEYS’ FEES AND COSTS: In the event either party breaches any obligation under this Agreement, the non-breaching party shall be entitled to all costs and expenses incurred, including reasonable attorney fees, as a result of the breach. In addition, in the event any suit, action, or arbitration is instituted to enforce any term of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incidental to any such proceedings, including reasonable attorneys' fees incurred in collecting any judgment awarded as a result of liability established pursuant to this Agreement.
VOLUNTARINESS: Each of the parties hereto fully understands the terms, conditions, and provisions of this agreement, voluntarily enter into the same and believe its terms to be fair, just, adequate and reasonable.
SEVERABILITY: The illegality or unenforceability of any provision of the Agreement of any instrument or agreement required hereunder shall not in any way affect or impair the legality or enforceability of the remaining provisions of this Agreement or any instrument or agreement required hereunder.
GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Florida. Any legal action commenced to enforce or interpret this Agreement shall be brought in Indian River County, Florida. The parties hereto consent to both venue and jurisdiction in Indian River County, Florida and any attempt to pursue legal action in any other state shall be void for lack of jurisdiction in that foreign court.

PLEASE INCLUDE THE NEXT 2 PAGES WITH CONSIGNMENT ITEMS:

PAYMENT:

1. Payment shall be sent in the form of Consignor’s choice of either check, PayPal transfer, Venmo, or Wonderland Equestrian Store Credit, or check to be donated to charity. If nothing is selected, you will be automatically enrolled to receive checks.

2. Wonderland Equestrian will collect a 35% commission on all items sold, unless payment in the form of donation or store credit is selected.

WONDERLAND EQUESTRIAN:

Wonderland Equestrian, LLC.
10018 W Villa Cir , Vero Beach, FL 32900
(407)928-8099 | wonderlandequestrianco@gmail.com

www.WonderlandEquestrian.com

CONSIGNOR:

Consignor's Name (as you would like it to appear on a check): Address:_____________________________________

Phone #:____________________________________

Date Consigned:_____________________________

E-Mail:______________________________________

PLEASE SELECT AN OPTION FOR UNACCEPTED ITEMS:

O Yes, I’d like my unaccepted items to be donated.

O No, I’d like my unaccepted items shipped back to me, charged at market shipping rates

PAYMENT:

O Check (will be sent to above address)

O Paypal ___________________________

O Venmo ___________________________

O Store Credit

O Please Donate to Charity

I certify that I have read, understand and agree with all Terms and Conditions set forth above on Pages 1 and 2 of this Agreement. By signing below, I acknowledge and accept that this Agreement is legally binding.

Consignor's Signature:_________________________________________________

Date:_________________________________________________________________

Accepted By/Wonderland Equestrian Date:_________________________________________________

Number of Items Consigned:

Description of Items:

Consignor agrees to deliver and Wonderland Equestrian agrees to accept for the purpose of sale on the Terms and Conditions recited in this Agreement the following described items:

(attach list of items)

ADDENDUM: SADDLE CONSIGNMENT

PLEASE INCLUDE IF SENDING A SADDLE:

This document constitutes an Addendum to the Consignment Agreement between below signed name

(“Consignor”), and Wonderland Equestrian, LLC, on the below signed date subject to the terms of the Consignment Agreement in addition to the following

Terms and Conditions:

1. COMMISSION TAKEN BY WONDERLAND EQUESTRIAN: Wonderland Equestrian, LLC agrees to sell Consignor’s saddle(s) and share in any profits from the sales of such items. Wonderland Equestrian shall determine the asking price for saddles. After Wonderland Equestrian collects commission on the sale of the saddle, Consignor shall receive the following compensation, unless a non-cash option is chosen:

a. Saddles sold for $500.00 or less, Consignor will receive 60% of sales.
b. Saddles sold for $500.00 - $999.00 Consignor will receive 65% of sales.

c. Saddles sold for over $1,000.00 Consignor receives 70% of sales
d. Saddles sold for over $3000 Consignor receives 75% of sales

2. PAYMENT: Consignor has the option to receive compensation from the sale of his/her saddle in the following forms: Mailed Check, PayPal, Venmo or Wonderland Equestrian store credit.

3.INVENTORY: Upon receipt and processing of Consignor’s saddle(s), Wonderland Equestrian will provide Consignor with an itemized list of consigned saddle(s).

4. SHIPPING: Please note saddles will be shipped via standard shipping to customers, if saddle does not work for the customer, the saddle will be subject to Wonderland Equestrian Return Policy.

5. RISK OF LOSS: Consignor expressly agrees that the use of Wonderland Equestrian’s saddle consignment service is at your sole risk, Wonderland Equestrian is not responsible for any loss or damage of any kind to Consignor’s property incurred as a result of the use of the saddle consignment service. Wonderland Equestrian will use all conventional safeguards in the handling and displaying of saddles, however Consignor understands that the saddle is not insured by Wonderland Equestrian, and that Wonderland Equestrian is not responsible for any loss due to fire, theft or damage. Consignor also agrees to hold Wonderland Equestrian free from any claims arising from the sale of this item now or at any time in the future. Wonderland Equestrian is not responsible for damage or loss to saddles during shipping.

6.REPRESENTATIONS AND WARRANTIES: All products and services delivered to you through the saddle consignment option are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. It is up to Consignor to properly fit and check the saddle for any impairments prior to consigning the saddle with Wonderland Equestrian. Consignor must notify Wonderland Equestrian of any damage to saddle which may cause injury to horse or rider.

I certify that I have read, understand, and agree with all Terms and Conditions set forth in the above Addendum

as well as all terms on Pages 1 and 2 of this Agreement. By signing below, I acknowledge and accept that this Agreement and Addendum are legally binding.

Consignor's Signature:_____________________________________________
Date:_____________________________________________________________
Accepted By/Wonderland Equestrian Date: _____________________________________________