Consignment Agreement & Policy

Applies to all Eres Boutique LLC locations and approved sales channels.
This Agreement contains material terms concerning the 90-day period, pricing, exclusive sales authority, authentication, fees, pickup requests, payouts, notices, ownership transfer, risk of loss, eligibility, prohibited goods, customer returns, taxes, privacy, account security, termination, and disputes. Please read the complete Agreement before signing or submitting items. (NOTE: You will be send a copy of this agreement to e-sign at your consignment appointment.)

1. Parties, Scope, and Controlling Documents

This Consignment Agreement and Policy (the "Agreement") is between Eres Boutique LLC, a Washington limited liability company ("Eres Boutique LLC"), and the person who signs or electronically accepts it (the "Consignor").

This Agreement governs items accepted on or after the Effective Date. Earlier items remain under the agreement in effect when accepted unless the parties agree in writing to apply this Agreement.

Each signed intake agreement identifies the Drop-Off Date and exact Expiration Date for that intake. The written dates control over any inconsistent oral statement.

Submission does not require acceptance or sale. Eres Boutique LLC may reject an item before or after intake for condition, authenticity, marketability, safety, legal, operational, or inventory reasons.

This Agreement consists of this document, the intake record, the Fee Schedule, item-specific written terms, and accepted addenda. An item-specific term controls only for that item and conflict, but cannot alter the uniform 90-day Consignment Period.

1.1 Limited Sales Agency and Independent Relationship

The parties are independent contractors. During the Consignment Period, Eres Boutique LLC acts only as the Consignor's limited and exclusive sales agent for the possession, marketing, offering, and sale of Accepted Items.

This Agreement creates no employment, partnership, joint venture, franchise, or authority for the Consignor to bind Eres Boutique LLC. No broader fiduciary or agency relationship is created except as required by law or expressly stated here.

2. Definitions

Accepted Item: an item that Eres Boutique LLC has approved for consignment.

Active Item: an Accepted Item that has not been sold, returned, donated, transferred to Eres Boutique LLC, or otherwise lawfully disposed of.

Authentication-Processed Item: an item for which Eres Boutique LLC ordered, performed, or paid for Third-Party Authentication, regardless of the result.

Authenticated Item: an item for which an independent provider issued an affirmative authentication result.

Authorized Pickup Person: an adult identified by the Consignor in the designated Pickup Request Form and approved to collect requested items.

Authorized Representative: a person whose authority to act for a Consignor, owner, estate, trust, business, or other entity has been verified to the reasonable satisfaction of Eres Boutique LLC.

Business Day: Monday through Friday, excluding federal and Washington State legal holidays.

Check Request Form: the designated online form required to request a physical check.

Consignment Period: the uniform 90-calendar-day period beginning on the Drop-Off Date, which is Day 1, and ending at 11:59 p.m. Pacific Time on the Expiration Date, which is Day 90.

Courtesy Expiration Reminder: the general courtesy email Eres Boutique LLC normally sends on Day 83 reminding the Consignor of the Expiration Date and the Pickup Request Form.

Customer Return Policy: the customer-facing return, cancellation, and refund policy in effect when a Customer Sale is accepted.

Customer Sale: a sale accepted by Eres Boutique LLC, subject to the Customer Return Policy, payment confirmation, fraud review, chargebacks, and other adjustments.

Customer Transaction: a customer purchase, accepted offer, reservation, hold, payment authorization, shipment, or other sales-related transaction involving an item.

Early Withdrawal: a Pickup Request submitted during Days 1 through 82 and approved under Section 12.

Expiration Date: the exact Day 90 date shown in the signed intake agreement.

Expiration Pickup Request: a Pickup Request submitted during Days 83 through 90.

Final Sale Price: the merchandise price paid by the customer after discounts and markdowns, excluding sales tax, shipping, insurance, and separately charged services.

Finalized Sale: a sale for which payment has been retained and no unresolved cancellation, return, reversal, chargeback, or fraud review remains.

Inventory System: the inventory management system used by Eres Boutique LLC to record item status, pricing, location, transactions, and account balances. Inventory System information is subject to correction of documented error and does not change the written Drop-Off Date or Expiration Date.

Net Payout: the amount due after applying the commission percentage and authorized returns, reversals, withholding, fees, and deductions.

Original Consignment Location: the Eres Boutique LLC location where the item was dropped off and accepted.

Pickup Deadline: the exact final date and closing time stated in the Pickup-Ready Email.

Pickup-Ready Email: the written notice sent after Eres Boutique LLC has processed the full Pickup Request and prepared all requested items that remain available for return.

Pickup Request: a request submitted through the designated online Pickup Request Form for one, selected, or all Active Items.

Prohibited Item: an item reasonably believed to be unlawful, stolen, recalled, hazardous, counterfeit, restricted, sanctioned, infringing, or otherwise unsuitable for lawful acceptance, possession, marketing, shipment, or sale.

Removal Effective Time: the date and time when Eres Boutique LLC physically removes an item from active sale.

Third-Party Authentication: an authentication review performed by an independent service selected by Eres Boutique LLC.

Unable to Authenticate: a result in which the provider does not issue an affirmative authentication result.

3. Consignor Eligibility, Representations, and Legal Compliance

3.1 Age, Capacity, Identity, and Authority

The Consignor must be at least 18 and legally capable of entering this Agreement. A person acting for another owner, business, trust, estate, or entity represents having full authority to bind that party.

Eres Boutique LLC may require identification, taxpayer information, organizational or estate documents, written authorization, or other reasonable proof of identity, ownership, and authority before acceptance, payout, account changes, or item release. It may temporarily suspend the affected process to verify authority, prevent fraud or duplicate payment, comply with law, or resolve competing claims.

3.2 Ownership, Authenticity, and Other Representations

By submitting an item, the Consignor represents and warrants that:

  1. The Consignor owns the item or has full legal authority from the owner to consign and sell it;
  2. The item is not stolen, lost, fraudulently obtained, or subject to another person's ownership claim;
  3. The item is not subject to a lien, security interest, financing arrangement, rental agreement, lease, or other restriction that would interfere with its sale;
  4. The item is not knowingly counterfeit, materially altered, or falsely labeled;
  5. All information provided about the item, including brand, origin, purchase history, materials, condition, repairs, alterations, and authenticity, is accurate to the best of the Consignor's knowledge;
  6. The Consignor has disclosed all known damage, defects, modifications, repairs, replacements, authenticity concerns, recalls, safety concerns, and ownership disputes;
  7. The Consignor has authority to grant the exclusive sales appointment described in Section 7; and
  8. The item is not listed, advertised, consigned, reserved, promised, or sold through another person or sales channel when submitted to Eres Boutique LLC.

The Consignor must promptly report any change in these representations or any third-party claim involving an Accepted Item.

3.3 Prohibited, Recalled, Restricted, and Infringing Items

The Consignor may not submit a Prohibited Item and represents that each item may lawfully be possessed, transported, marketed, and resold. Prohibited Items include any item that is:

  • Subject to an active safety recall or mandatory corrective action that prohibits or restricts resale;
  • Hazardous, contaminated, or unsafe for ordinary handling or customer use;
  • Made from or containing material whose trade is prohibited or restricted without required documentation;
  • Subject to sanctions, import, export, customs, or other legal restrictions that prevent the contemplated transaction;
  • An unauthorized reproduction, counterfeit, or item bearing infringing trademarks, copyrights, designs, or other intellectual property; or
  • Otherwise unlawful or restricted from resale.

Eres Boutique LLC may restrict or investigate a suspected Prohibited Item, request documentation, preserve records, and cooperate with relevant businesses or authorities as reasonably necessary or required by law.

Eres Boutique LLC may comply with any lawful requirement to retain, surrender, or withhold return of an item. Otherwise, a rejected item proceeds under Section 13. Liability for delay or nonreturn remains subject to applicable law.

4. Item Submission, Condition, Acceptance, and Rejection

Items submitted to Eres Boutique LLC must be clean, odor-free, in good to excellent condition, and suitable for resale. Items must be prepared in accordance with the instructions published for the applicable location. This Agreement and its policies apply uniformly to all Eres Boutique LLC locations and to online and other approved sales channels.

Eres Boutique LLC may consider factors including:

  • Brand and style;
  • Age and condition;
  • Current customer demand;
  • Seasonal relevance;
  • Estimated resale value;
  • Available inventory and store capacity;
  • Prior performance of similar merchandise; and
  • Operational, safety, and legal requirements.

Eres Boutique LLC may be selective with fast-fashion brands, outdated merchandise, heavily available items, or categories that do not consistently meet customer demand.

Eres Boutique LLC may reject an item after initial intake if later review identifies an undisclosed flaw, odor, stain, excessive wear, missing component, repair, alteration, incorrect brand or material information, authenticity concern, safety issue, pest contamination, or other condition that makes the item unsuitable for sale.

Acceptance does not guarantee continuous display, a sale, a sale within a particular period, or a particular selling price. General processing times are operational estimates. A specific written date or deadline, including an Expiration Date or Pickup Deadline, controls over a general estimate.

4.1 Intake Records, Accessories, and Condition Evidence

Eres Boutique LLC may photograph or otherwise document an item, its visible condition, identifying features, packaging, accessories, and accompanying documents at intake or during processing. Such records may be used to administer this Agreement and investigate a later discrepancy, but do not constitute a warranty that every condition issue was detected.

The Consignor is responsible for identifying any box, dust bag, strap, certificate, receipt, key, removable part, or other accessory expected to remain with the item. Eres Boutique LLC is responsible only for accessories documented as received, subject to Sections 16 and 17.

The Consignor should review the accepted-item list and available Inventory System information promptly and report a specific suspected intake or inventory error. Delay in reporting may impair investigation but does not waive a right that cannot legally be waived.

5. Ownership and Possession

The Consignor retains title until the item is sold to a customer, donated with authorization, returned, transferred to Eres Boutique LLC under Section 13, or otherwise lawfully disposed of.

Eres Boutique LLC receives possession and limited sales authority for intake, processing, authentication, marketing, transfer, sale, and pickup preparation. Possession alone does not transfer title.

A timely Pickup Request prevents ownership transfer on Day 90 for the requested item. Title then remains with the Consignor until sale, return, authorized disposition, or transfer after a missed Pickup Deadline.

Title transfers to a customer under the Customer Sale and Customer Return Policy. The Consignor's right to payment remains conditional until the sale is Finalized under Section 11.

6. Pricing, Markdowns, and Sales Channels

Eres Boutique LLC sets and may change an item's price at any time based on resale value, retail price, condition, comparable sales, demand, seasonality, brand performance, inventory age, promotions, sales channel, and professional judgment.

The Consignor authorizes pricing, markdowns, negotiated discounts, storewide or marketplace promotions, and approved sales channels without separate approval. No sale price is guaranteed.

The Consignor's commission is calculated from the Final Sale Price. Eres Boutique LLC may correct documented clerical, pricing, inventory, or data-entry errors.

7. Exclusive Sales Appointment

7.1 Exclusive Authority

The Consignor grants Eres Boutique LLC the sole right to possess, display, market, advertise, offer, and sell each Accepted Item through approved retail, online, social, marketplace, private-outreach, pop-up, and promotional channels.

The Consignor retains title until a transfer event described in this Agreement, but Eres Boutique LLC controls the sales process and does not guarantee continuous display or use of every channel.

7.2 Prohibited Parallel Sales Activity

While Eres Boutique LLC has exclusive sales authority, the Consignor may not list, advertise, offer, reserve, promise, consign, sell, transfer, pledge, encumber, or authorize another person to market or sell the item.

All outside listings must be removed before submission. An outside listing left active by mistake must be removed and reported immediately.

7.3 Outside Listings, Offers, and Sales

Eres Boutique LLC may suspend marketing while investigating outside activity. A return requested during Days 1 through 82 because of an outside listing, offer, promise, or sale is an Early Withdrawal and carries the applicable fee.

Eres Boutique LLC does not automatically claim a lost commission from an outside sale but retains rights available under this Agreement or applicable law.

7.4 Duration of Exclusive Authority and Pending Transactions

For an item without a timely Pickup Request, exclusive authority continues through Day 90 and ends when title transfers to Eres Boutique LLC.

For an item included in a timely Pickup Request, exclusive authority continues until the Removal Effective Time, even if the processing period extends beyond Day 90. This limited post-expiration authority exists only to accommodate manual collection and removal of the item.

A Customer Transaction initiated before the Removal Effective Time takes priority and may be completed or resolved. No new Customer Sale may begin after the item is physically removed from active sale.

8. Third-Party Authentication

Eres Boutique LLC may require Third-Party Authentication based on brand, category, value, condition, documentation, history, marketplace requirements, or professional judgment.

Eres Boutique LLC selects the provider. The provider may authenticate, request information, or return an Unable-to-Authenticate result.

Eres Boutique LLC may rely on the result when accepting, listing, selling, rejecting, or returning an item. An Unable-to-Authenticate result is not necessarily a legal finding of counterfeiting, but the item will not be sold unless authenticity is confirmed to the reasonable satisfaction of Eres Boutique LLC.

Eres Boutique LLC does not guarantee a third-party result.

8.1 No Standard Authentication Payment at Intake

No standard authentication charge is collected at intake or assessed when an item is affirmatively authenticated and either sells through Eres Boutique LLC or remains through Day 90, unless a special charge was accepted in advance.

8.2 Unable-to-Authenticate Service Charge

If a provider is Unable to Authenticate an item, Eres Boutique LLC will not sell it, will process it for return, and will assess a $25 service charge per item.

The charge reimburses part of the authentication and administrative cost. It is not a penalty or an accusation that the Consignor knowingly submitted a counterfeit item.

The charge may be deducted from amounts payable or invoiced. It is not an Early Withdrawal Fee, and both charges will not apply to the same unsuccessful authentication event.

8.3 Special Authentication Services

A higher-cost authentication service requires advance disclosure and acceptance of the charge or calculation method.

8.4 Suspected Counterfeit Items, False Documents, and Additional Review

If an item or supporting document is reasonably suspected to be counterfeit, altered, stolen, fraudulent, or unlawful, Eres Boutique LLC may suspend it, request records, order further review, preserve evidence, and act under Sections 3 and 19.

A further review creates no charge unless authorized by this Agreement or accepted in advance.

9. Consignment Period

9.1 Uniform 90-Day Consignment Period

Every Accepted Item has one 90-calendar-day Consignment Period, regardless of category, brand, location, transfer, authentication status, or the date it is entered into the Inventory System.

9.2 Drop-Off Date, Day 1, and Expiration Date

Day 1 is the Drop-Off Date shown in the signed agreement. The exact Expiration Date is also shown in that agreement.

Processing, authentication, photography, pricing, data entry, or a later In Stock status does not pause, restart, or extend the period.

9.3 Inventory System Information and Continuity

The Inventory System may display item, status, pricing, location, and balance information. A system outage, display error, synchronization delay, or later status date does not change the written Drop-Off Date, Expiration Date, Pickup Request deadline, ownership-transfer time, or Pickup Deadline.

Location transfers, customer holds, authentication follow-up, and temporary removal from display do not pause, restart, or extend the Consignment Period.

9.4 Day 83 Courtesy Expiration Reminder

Eres Boutique LLC will normally send a general Courtesy Expiration Reminder on Day 83. The reminder will state the Expiration Date and direct the Consignor to review the Inventory System and submit the designated Pickup Request Form for any items the Consignor wants returned.

The reminder is a courtesy and is not a condition to expiration or ownership transfer. Failure to send, receive, open, or read it does not extend the Expiration Date or create an additional notice obligation.

9.5 End of Day 90

The Consignment Period ends at 11:59 p.m. Pacific Time on Day 90. A Pickup Request submitted by that time is timely for the identified items.

If no timely Pickup Request identifies an unsold item, title transfers under Section 13. If a timely request identifies the item, the item proceeds under Section 12 and may remain available for sale until the Removal Effective Time.

10. Movement Between Locations and Inventory System Records

10.1 Movement Between Locations

Eres Boutique LLC may display, market, store, or transfer Accepted Items among approved locations, facilities, events, fulfillment sites, and sales channels.

A transfer does not change title, commission, the Drop-Off Date, or the 90-day Expiration Date.

10.2 Original Consignment Location for Pickup

Pickup occurs at the Original Consignment Location. If Eres Boutique LLC moved a requested item, it will return the item to that location before sending the Pickup-Ready Email.

Transfer time may support a limited preparation delay under Section 12 but does not change the Expiration Date or create a new Consignment Period.

10.3 Location-Based Accounts and Balances

Inventory, earnings, and account balances are maintained and processed separately by Eres Boutique LLC location. The Consignor may need to review each location separately.

Venmo payouts are processed separately by location. A physical check requires a separate Check Request Form for each location balance. See Section 11.

10.4 Inventory System Errors

Eres Boutique LLC may correct documented Inventory System, location, pricing, transaction, or account errors. Internal records control when a displayed status is incomplete or incorrect, subject to reasonable verification.

11. Commission, Customer Transactions, Taxes, and Payouts

11.1 Commission Structure

The Consignor earns the following percentage of the Final Sale Price for each item:

Final Sale Price Consignor Share

$199 or less 40%

$200 through $499 50%

$500 through $999 60%

$1,000 or more 70%

Commission is calculated separately for each item. Sales tax, shipping, insurance, and other amounts separately charged to the customer are not included in the Final Sale Price unless Eres Boutique LLC expressly states otherwise.

11.2 Customer Sales, Returns, Finalization, and Payment Reversals

The Customer Return Policy in effect when a Customer Sale is accepted governs that transaction. Later policy changes apply prospectively unless required by law or expressly agreed.

A Customer Sale is eligible for payout only after it becomes a Finalized Sale. Payout may be delayed while a return period, fraud or identity review, dispute, chargeback, or payment issue remains open.

A cancelled, refunded, returned, reversed, charged-back, or unauthorized sale may be adjusted or reversed. A prior overpayment may be deducted from balances or future earnings or requested for repayment.

A returned item may be relisted for the remaining Consignment Period. A return does not restart or extend the 90-day period. An item returned after expiration proceeds under Sections 12 and 13 as applicable.

11.3 Available Payout Methods

Eligible earnings may be received through Venmo or another approved electronic method, Consignor store credit, or a physical check.

For a Consignor who selected Venmo and provided valid payment information, eligible balances from Finalized Sales are processed automatically on the 15th of each month, separately for each Eres Boutique LLC location. No Venmo payout request is required.

Physical checks are issued only through the designated Check Request Form and are processed separately by location. See Sections 11.6 and 11.7 for request, processing, and delivery timing.

11.4 Electronic Payments

The Consignor must provide complete and accurate electronic-payment information in the intake agreement and must promptly update it if it changes. Eres Boutique LLC may rely on the latest confirmed information.

Electronic payment is complete when the correct amount is sent to the designated account and the service confirms completion without return, rejection, or reversal. To the fullest extent permitted by law, Eres Boutique LLC is not responsible for payment sent to incorrect information supplied or confirmed by the Consignor.

Rejected, returned, or reversed payments may be reprocessed after corrected information is received. Eres Boutique LLC does not control provider holds, limits, delays, or outages.

11.5 Consignor Store Credit

Store credit is issued when recorded and available for eligible purchases. It is maintained by location unless Eres Boutique LLC confirms otherwise, is not a bank deposit, earns no interest, and is subject to current store-credit terms and applicable law.

The current 15% promotional discount on qualifying store-credit purchases may change prospectively.

11.6 Physical Check Requests

A physical-check request is valid only when submitted through the designated online Check Request Form. Calls, texts, emails, social-media messages, store visits, and verbal conversations do not constitute a physical-check request.

A separate Check Request Form is required for each Eres Boutique LLC location balance. The Consignor must confirm the full legal payee name, complete mailing address, and applicable location in each form.

The Consignor is responsible for providing a complete and current mailing address. The form submission timestamp determines the request date, and Eres Boutique LLC may verify identity, payee information, location, or address before processing the check.

11.7 Check Processing and Mailing

Each valid Check Request Form is scheduled for processing on the first Monday after its electronic submission. If that Monday is a federal or Washington State legal holiday, processing occurs on the next Business Day.

After the request is processed, the issuing bank generally requires five Business Days to prepare and deliver the check to the mailing address provided in the form. This five-Business-Day period is an estimate and is not guaranteed; bank, carrier, holiday, address, and other delays outside the control of Eres Boutique LLC may extend delivery. Eres Boutique LLC may retain request, check, and mailing records.

11.8 Postal Delay, Loss, Theft, or Misdelivery

After a correctly prepared and addressed check is tendered to the carrier, Eres Boutique LLC is not responsible, to the fullest extent permitted by law, for delay, loss, theft, misdelivery, forwarding error, an incorrect address, failure to retrieve mail, or another event outside its control.

Nonreceipt alone does not establish untimely processing. A genuinely lost and unpaid check does not forfeit the underlying balance and is handled under Section 11.9.

11.9 Missing-Check Report and Replacement Procedure

The Consignor should report nonreceipt in writing after 15 Business Days and preferably within 60 days. The report must identify the applicable payout and location, confirm the prior and current mailing addresses, and state that the check was not received or negotiated.

Before replacement, Eres Boutique LLC may confirm whether the original cleared, stop payment, verify identity and address, and take reasonable steps to prevent duplicate payment.

If a correctly prepared and addressed check must be stopped and replaced, a fixed $36 stop-payment and replacement charge applies. The charge does not apply when replacement is required because of a documented Eres Boutique LLC processing error.

A later-received original check must not be negotiated. If both checks are negotiated, the duplicate amount and resulting bank charges may be deducted or collected.

11.10 Stale Checks and Monetary Balances

Checks should be negotiated promptly and may be void after 180 days. Reissuance may require verification and the applicable $36 charge unless the reissuance is required because of a documented Eres Boutique LLC processing error.

Monetary balances are not subject to the physical-merchandise ownership-transfer rules. See Section 13.

11.11 Taxes, Tax Documentation, and Required Withholding

The Consignor is responsible for determining and satisfying the Consignor's federal, state, local, and other tax obligations arising from sales proceeds, payouts, store credit, or other benefits under this Agreement.

Eres Boutique LLC may request tax forms, taxpayer identification, or identity records needed for reporting, payment, fraud prevention, or legal compliance, and may delay or withhold payment only as required by law or reasonably necessary to resolve related information.

Eres Boutique LLC may file required information returns, apply required withholding, and deduct such withholding from amounts payable.

Eres Boutique LLC will collect and remit customer sales or transaction taxes when required. Such taxes are not part of the Final Sale Price or commission unless expressly stated.

11.12 Payout Statements and Discrepancy Reporting

The Consignor should promptly report a suspected payout, balance, or Inventory System error and provide available supporting information. A delayed report may make the issue more difficult to investigate or verify.

12. Early Withdrawal

12.1 Early Withdrawal and Expiration Pickup Requests

A Pickup Request submitted during Days 1 through 82 is an Early Withdrawal and carries the applicable fee. A Pickup Request submitted during Days 83 through 90 is an Expiration Pickup Request and carries no Early Withdrawal Fee.

A timely Pickup Request may cover one item, selected items, or all remaining Active Items. The Consignor may submit additional requests for other items through 11:59 p.m. Pacific Time on Day 90. Each request is processed separately.

12.2 Designated Online Pickup Request Form

A Pickup Request is valid only when submitted through the designated online Pickup Request Form. The electronic submission timestamp determines timeliness.

Calls, texts, emails, social-media messages, store visits, and verbal conversations do not constitute a Pickup Request unless Eres Boutique LLC expressly confirms in writing that the communication has been accepted as a valid request.

12.3 Processing Period and No Automatic Hold

Submission of the form does not hold or remove an item from sale. Eres Boutique LLC will normally locate, collect, and prepare all requested items that remain available for return within three calendar days after submission. The request date is not counted as one of the three days.

An item remains available for sale until it is physically removed from active sale. A Customer Transaction initiated before the Removal Effective Time takes priority, even when the request was submitted first or the transaction occurs after Day 90 during the processing period.

If an item sells before removal, the request is cancelled for that item, normal commission and payout rules apply after finalization, and no Early Withdrawal Fee applies to that item.

12.4 Limited Processing Delays

Processing may exceed three calendar days only when reasonably necessary because an item is in transit, with an authentication or other service provider, subject to a Customer Transaction, affected by a store closure, restricted by law or a competing claim, or otherwise unavailable for reasons outside the reasonable control of Eres Boutique LLC.

If processing will exceed three calendar days, Eres Boutique LLC will send a written status update stating the general reason and a revised estimated ready date. The revised date is an estimate, and the update does not begin the pickup window.

12.5 Pickup-Ready Email and Seven-Day Window

Eres Boutique LLC will send the Pickup-Ready Email only after the full request has been processed. The email will identify the items ready for pickup, any requested item that sold before removal, the Original Consignment Location, applicable business hours, the first pickup date, and the exact Pickup Deadline.

The email date is Day 1 of a seven-calendar-day pickup window. Pickup must occur during the business hours stated in the email and no later than the location's stated closing time on Day 7.

If the location is unexpectedly closed on the final pickup day, the deadline automatically extends to the location's closing time on the next day it is open. A scheduled closure already reflected in the email creates no additional extension.

No additional confirmation or appointment is required after the Pickup-Ready Email.

12.6 Original Location and Authorized Pickup Person

Pickup occurs only at the Original Consignment Location. Eres Boutique LLC will return a transferred requested item to that location before sending the Pickup-Ready Email.

The Consignor may identify one adult Authorized Pickup Person in the Pickup Request Form. A later substitution requires written approval from Eres Boutique LLC before pickup.

Eres Boutique LLC may request government-issued identification or other reasonable verification and may delay or refuse release if identity or authority cannot be reasonably verified. Release to a verified Authorized Pickup Person constitutes delivery to the Consignor.

12.7 Early Withdrawal Fees

For an Early Withdrawal that becomes effective during Days 1 through 82, the fee is $5 per regular item or $25 per Authentication-Processed Item. The $25 fee replaces, rather than adds to, the $5 fee.

No Early Withdrawal Fee applies to an Expiration Pickup Request submitted during Days 83 through 90 or to an item that sells before removal from active sale.

A fee becomes due when the item is physically removed from active sale and processed for return. It may be deducted from amounts payable or invoiced and remains due if the item is not collected.

12.8 Failure to Pick Up

If the Consignor or Authorized Pickup Person does not collect an item by the exact Pickup Deadline, title transfers to Eres Boutique LLC under Section 13. No additional contractual reminder, appointment, or grace period is required.

13. Unaccepted, Expired, Returned, and Unclaimed Items

13.1 Donation Selection for Unaccepted Items

At intake, the Consignor must select donation or pickup for unaccepted items. A donation selection authorizes Eres Boutique LLC to donate, recycle, transfer, or otherwise responsibly dispose of those items without another notice.

The authorization becomes irrevocable when the item is transferred to a recipient or disposition service. Eres Boutique LLC does not guarantee a particular recipient, receipt, tax deduction, or recovery after transfer.

13.2 Unaccepted or Returned Items Selected for Pickup

Unaccepted items selected for pickup, items that are Unable to Authenticate, items later rejected, and other items approved for return follow the Pickup-Ready Email and seven-day pickup process in Section 12 unless Eres Boutique LLC states another exact deadline in writing.

13.3 Automatic Transfer When No Day 90 Request Is Submitted

If no valid Pickup Request identifies an unsold item by 11:59 p.m. Pacific Time on Day 90, then, to the fullest extent permitted by applicable law, the item is deemed unclaimed and abandoned and all of the Consignor's right, title, and interest automatically and irrevocably transfer to Eres Boutique LLC at that time.

No additional contractual notice, consent, commission, payment, holding duty, or right of return remains. The Courtesy Expiration Reminder is not a condition to transfer.

13.4 Effect of a Timely Pickup Request

A timely Pickup Request prevents ownership transfer on Day 90 only for the items identified in the request. Those items remain the Consignor's property while Eres Boutique LLC processes the request and during the pickup window, unless they sell or another lawful transfer event occurs.

Any item not identified in a timely request transfers under Section 13.3, even if the Consignor timely requested other items.

13.5 Transfer After a Missed Pickup Deadline

If a requested item is not collected by the exact Pickup Deadline, then, to the fullest extent permitted by applicable law, all of the Consignor's right, title, and interest automatically and irrevocably transfer to Eres Boutique LLC at the stated closing time.

No additional contractual reminder, grace period, commission, payment, compensation, holding duty, or right of return remains.

13.6 Rights After Transfer and No Late Returns

After lawful transfer, Eres Boutique LLC may immediately retain, reprice, market, sell, transfer, donate, recycle, or otherwise lawfully dispose of the item. A later sale is not a consignment sale, and the former Consignor receives no commission, payment, compensation, or right of return.

Eres Boutique LLC will not accept or honor a late pickup request after ownership transfers. The item's continued presence at an Eres Boutique LLC location, continued availability, or later courtesy communication does not reverse the transfer or restore any former right.

No employee statement or conduct may authorize a late return or modify this provision unless required by applicable law.

13.7 Applicable-Law Savings and Records

If applicable law requires an additional notice, waiting period, filing, valuation, or other procedure, ownership transfer and disposition become effective only after that requirement is satisfied.

Eres Boutique LLC may retain records of the agreement dates, form submissions, communications, pickup preparation, Pickup-Ready Email, Pickup Deadline, title transfer, and disposition.

This Section applies only to physical merchandise. Commissions, balances, checks, store credit, and other monetary obligations remain governed by Sections 11 and 15 and applicable law.

14. Communications, Privacy, Account Security, and Formal Notices

14.1 Authorized Communication Methods

Eres Boutique LLC may use email, text, telephone, voicemail, the Inventory System, postal mail, or other supplied contact methods for consignment-related communications.

14.2 Contact Information and Courtesy Communications

The Consignor must keep contact and payout information current and monitor email, spam folders, text, voicemail, postal mail, and the Inventory System.

Unless another method is required by law or expressly stated in this Agreement, Eres Boutique LLC satisfies a sending obligation by documenting transmission to the contact information on file. Delivery, opening, or reading is not guaranteed.

A missed, filtered, blocked, undeliverable, or unread Courtesy Expiration Reminder does not extend the Expiration Date or prevent ownership transfer because the controlling dates are stated in the signed intake agreement.

14.3 Privacy and Necessary Data Sharing

Eres Boutique LLC may collect, use, retain, and disclose personal, transaction, item, identity, tax, and payment information as reasonably necessary to administer this Agreement, prevent fraud, process payments, authenticate items, operate the Inventory System and marketplaces, investigate claims, obtain professional advice, and comply with law.

Information may be shared for those purposes with relevant service providers, advisers, brand owners, and authorities, including payment processors, authentication providers, marketplaces, verification providers, banks, accountants, insurers, and legal counsel.

A separate privacy notice may provide additional details. Marketing consent is separate, and opting out of marketing does not prevent contractual or legally required messages.

14.4 Account Security and Instructions

The Consignor must protect account credentials and promptly report unauthorized access or instructions. Eres Boutique LLC may rely on authenticated instructions until notified and may suspend account or payment changes while verifying identity, fraud, or security concerns.

14.5 Formal Notices to Eres Boutique LLC

A formal notice of breach, ownership claim, legal demand, indemnity claim, policy dispute, death, incapacity, or similar legal matter must be sent by trackable mail or recognized courier to:

Eres Boutique LLC

1113, Unit B

34th Ave

Seattle, 98122 - WA

Email, social media, reviews, calls, voicemail, and ordinary store conversations are not formal notice unless Eres Boutique LLC accepts them in writing. Formal notice is effective upon actual receipt, subject to applicable law.

15. Fees, Deductions, and Account Balances

To the extent permitted by law, the Consignor authorizes Eres Boutique LLC to deduct amounts properly owed from current or future earnings, available balances, approved store credit, or other amounts payable.

Deductions may include disclosed authentication and Early Withdrawal charges, the fixed $36 check stop-payment and replacement charge, refunds, chargebacks, corrections, and other accepted charges.

If a balance is insufficient, Eres Boutique LLC may invoice the amount. No interest accrues unless separately agreed and lawful, and future services may be declined while an undisputed amount remains unpaid.

No undisclosed fee or duplicate recovery for the same documented event will be imposed.

16. Care of Items, Risk of Loss, Damage, and Theft

16.1 Consignor Risk and Exclusion of Responsibility

To the fullest extent permitted by applicable law, each item remains at the Consignor's risk until it is sold, returned, donated, transferred to Eres Boutique LLC, or otherwise lawfully disposed of. Eres Boutique LLC is not liable for loss, theft, disappearance, destruction, deterioration, damage, delay, or misplacement involving an item.

16.2 Included Risks

The risk allocation includes loss or damage arising from customer handling, inspection, or try-on; display, merchandising, photography, packing, or ordinary handling; scratching, scuffing, creasing, fading, stretching, hanger impressions, sole wear, fabric compression, or similar retail wear; theft, shoplifting, burglary, robbery, vandalism, misplacement, or unexplained inventory loss; fire, smoke, flood, water damage, earthquake, severe weather, civil disturbance, or other casualty; building, utility, plumbing, electrical, security, equipment, or pest-related events; concealed, preexisting, or undisclosed conditions; natural material deterioration; incorrect information or inadequate packaging supplied by the Consignor; and other events outside the reasonable control of Eres Boutique LLC.

Acceptance or the item's presence at an Eres Boutique LLC location does not establish responsibility or constitute a warranty that every condition issue was detected.

16.3 No Guaranteed Recovery

Eres Boutique LLC does not guarantee that a lost, stolen, or damaged item can be recovered or repaired or that a third party will approve or pay a claim.

16.4 No Duplicate Recovery

The Consignor may not recover twice for the same loss. A payment from an insurer, customer, provider, or other third party may reduce an amount otherwise legally recoverable, subject to lawful subrogation rights.

17. Limitation of Liability and Damages

17.1 Liability Exclusion

To the fullest extent permitted by applicable law, Eres Boutique LLC is not liable for any loss, theft, disappearance, destruction, deterioration, damage, delay, or other claim involving an item or arising from the acceptance, rejection, pricing, authentication, display, storage, transfer, sale, return, pickup, or disposition of an item.

17.2 Excluded Damages

To the fullest extent permitted by applicable law, Eres Boutique LLC is not liable for original retail or replacement cost; sentimental, personal, collectible, or speculative value; lost opportunity, profit, or use; emotional distress; or indirect, incidental, special, exemplary, punitive, or consequential damages.

17.3 No Sales or Service Guarantees

Except for obligations expressly stated in this Agreement, Eres Boutique LLC does not guarantee acceptance, authentication, sale, price, transaction outcome, recovery, repair, processing time, or another commercial result.

17.4 Nonwaivable Liability

Nothing in Sections 16 or 17 excludes or limits liability or a right that cannot lawfully be excluded, limited, or waived. Nothing authorizes conversion of an item outside the sale, donation, ownership-transfer, or disposition terms of this Agreement.

18. Consignor Indemnification

To the extent permitted by law, the Consignor will indemnify and hold Eres Boutique LLC and its owners, employees, and agents harmless from third-party claims, losses, liabilities, taxes attributable to the Consignor, penalties, fines, costs, and reasonable legal expenses arising from:

  • The Consignor's lack of ownership, capacity, or authority;
  • A competing ownership claim, lien, security interest, estate claim, or authorization dispute;
  • Knowingly false, incomplete, or misleading information or documents supplied by the Consignor;
  • An allegation that an item is stolen, counterfeit, recalled, hazardous, unlawful, restricted, or infringing of intellectual-property rights;
  • An undisclosed repair, alteration, defect, contamination, safety issue, or hazard;
  • An outside listing, promise, transfer, or sale of an Accepted Item;
  • The Consignor's tax, reporting, or withholding obligation;
  • A breach of the exclusive sales appointment; or
  • Another material breach of the Consignor's representations or obligations.

Eres Boutique LLC will provide reasonable notice of a covered claim. The Consignor must reasonably cooperate with the defense. Eres Boutique LLC may control the defense using counsel of its choice, but will not agree to a settlement that imposes a nonmonetary obligation or admission on the Consignor without the Consignor's consent, which will not be unreasonably withheld.

This section does not require indemnification for willful misconduct by Eres Boutique LLC or liability that cannot lawfully be transferred.

19. Suspension, Termination, Existing Consignors, and Policy Changes

19.1 Suspension or Termination for Cause

Eres Boutique LLC may suspend an item, account, intake, listing, payout, Pickup Request, release, or other service as reasonably necessary to address suspected fraud, theft, Prohibited Items, abuse, threats, unsafe conditions, parallel sales, repeated authentication failures, unpaid undisputed amounts, identity or tax issues, security incidents, legal restrictions, or material breach.

The relationship may be terminated immediately for material breach, fraud, safety threats, unlawful conduct, or repeated serious violations. Any payout or release delay will be limited to the related investigation, claim, legal requirement, or disputed amount.

19.2 Right to Decline Future Services

Subject to applicable law, Eres Boutique LLC may decline any future intake, consignment, account, or service request at any time, with or without cause.

Declining future services does not eliminate duties concerning items already accepted, Customer Transactions already initiated, Finalized Sales, or balances already owed.

19.3 Effect on Active Items and Pending Transactions

Suspension or termination does not cancel a Customer Transaction, reverse a Finalized Sale, eliminate an authorized fee or deduction, or end a surviving term.

Active Items may remain through Day 90 and, for a timely Pickup Request, through the limited processing period described in Section 12. Eres Boutique LLC may suspend marketing, complete a pending transaction, or proceed to return or ownership transfer under Sections 12 and 13, as reasonably determined and permitted by law.

19.4 Existing Consignors and Prospective Policy Changes

Section 1 governs which agreement applies to existing items. Existing Consignors must accept this Agreement before submitting new items after the Effective Date. Future terms may be updated prospectively.

A material change will not apply to an accepted item without written agreement or legal authority. Nonmaterial operational, provider, privacy, location, contact, and error-correction updates require no new signature. Acceptance records will identify the version and Effective Date.

20. Electronic Transactions and Records

This Agreement and related transactions may be electronic. A checked box, typed name, electronic signature, online submission, or similar intentional action may constitute acceptance.

The intake agreement will state the Drop-Off Date and exact Expiration Date. After electronic acceptance, Eres Boutique LLC will send a completed copy to the Consignor's account email.

Eres Boutique LLC may retain agreements, notices, Pickup Request submissions, item, transaction, authentication, payment, tax, identity, and acknowledgment records electronically. The Consignor may request a copy.

The Consignor may withdraw consent for future electronic transactions by written notice. Prior records remain valid, and paper or in-person procedures may be required. Eres Boutique LLC may require a physical signature, identification, notarization, or original document when reasonably necessary.

21. Governing Law, Dispute Process, and Venue

This Agreement is governed by the laws of the State of Washington, without regard to conflict-of-law principles.

21.1 Written Dispute Notice and Informal Resolution

Before litigation, except for emergencies, temporary or injunctive relief, eligible small claims, or preservation of a deadline, the claimant must send a Section 14.5 notice stating the facts, item numbers, dates, requested relief, and available support.

The parties will attempt good-faith resolution for 30 calendar days after complete notice. This period does not waive or extend any legal right or deadline.

21.2 Venue and Small Claims

Subject to jurisdictional requirements, proceedings must be brought in King County, Washington. Either party may use eligible small-claims court.

22. General Terms

22.1 Entire Agreement

The documents identified in Section 1 are the entire agreement concerning the Accepted Items and supersede prior oral or written statements about them.

22.2 Written Amendments and Employee Statements

A material amendment must be written or electronically accepted. An employee may verbally explain the 90-day period and operational procedures, but an oral statement changes no date or term unless confirmed in writing by an authorized representative.

22.3 Severability

An invalid provision will be enforced to the lawful maximum, and the remaining provisions continue.

22.4 No Waiver

Failure to enforce a term does not waive later enforcement. A discretionary exception creates no future obligation.

22.5 Assignment

The Consignor may not assign this Agreement or proceeds without written approval unless required by law. Eres Boutique LLC may assign operational duties to affiliates, providers, processors, carriers, authenticators, or a successor, subject to law.

22.6 Headings and Third-Party Beneficiaries

Headings are for convenience. No third party has enforceable rights unless expressly stated.

22.7 Survival

Terms concerning pending transactions, returns, payouts, fees, deductions, title, liability, indemnification, disputes, and records survive removal of an item from active consignment.

22.8 Force Majeure

Eres Boutique LLC is not responsible for delay or failure caused by events outside its reasonable control, including casualty, severe weather, civil or government action, utility or communication failure, carrier or labor disruption, public-health emergency, or critical-provider failure. Performance will resume when reasonably practicable. Due payments and nonwaivable liability remain unaffected.

22.9 Death, Incapacity, Estates, and Successors

Upon death, incapacity, or an estate, trust, guardianship, or similar proceeding, payout or release may be suspended until an Authorized Representative provides sufficient authority and instructions. Eres Boutique LLC may rely on verified documents and reasonably delay while resolving competing claims.

This Agreement binds and benefits the parties and permitted successors, estates, and Authorized Representatives, subject to assignment limits.

22.10 Remedies and Interpretation

Unless this Agreement expressly states that a remedy is exclusive, using one remedy does not prevent a party from using another available remedy. "Including" means "including without limitation." Whether an action was reasonable will be evaluated based on the information and circumstances reasonably available when the action was taken.

23. Fee Schedule

Fee or Charge Amount

Unable-to-Authenticate Service Charge $25 per item

Early Withdrawal - regular item (Days 1-82) $5 per item

Early Withdrawal - Authentication-Processed $25 per item Item (Days 1-82)

Physical check stop-payment and replacement $36 per replaced check

Special authentication service Amount disclosed and accepted before service

The $25 Authentication-Processed Item fee replaces the $5 regular-item fee. An Unable-to-Authenticate charge and Early Withdrawal Fee will not both apply to the same unsuccessful authentication event. No Early Withdrawal Fee applies to an Expiration Pickup Request submitted during Days 83 through 90.