Seller Terms & Conditions

CONSIGNMENT/SALES AGREEMENT

This Consignment/Sales Agreement (the "Agreement") is a contract between you ("You" or "Your") and Everbean Kids, Inc. ("Everbean," "Everbean Kids," "We," "Us," or "Our"). Please read this Agreement carefully.

This Agreement requires individual arbitration for disputes rather than jury trials, court proceedings, or class actions.

By clicking "Agree," you confirm that you have read, understood, and accept these terms to consign or sell goods on the Everbean Kids marketplace. Our Terms of Service (“Terms of Service”, “Terms”, “Terms and Conditions”, “TOS”), are incorporated into this Agreement and apply to all activities under it. 

This Agreement remains effective until terminated by you or us as per Section 5.

 

 

1. Overview; Account Creation

Everbean Kids facilitates the marketing and sale of designer items (e.g. apparel, accessories, shoes) and other products. To sell items, you must create a seller account and provide contact and payment information. Once your account is set up, you can request to:

  • Consign items you ship or we collect ("Consignment").

  • The individual or entity (“Consignor”, “Seller”, “You”) who provides items to Everbean Kids for resale.

  • Everbean Kids (“The company”, “We”, “Us”, “Our”, “Consignee”), which receives the items, lists them for sale, and manages the resale process on behalf of the consignor.

 

 

2. Consignment

When you choose Consignment, you retain ownership of the property ("Consigned Property") after delivery to us. We will confirm receipt via email. After evaluating and authenticating the items, you can view their status and pricing on your "My Bean Boutique" page. Prices are determined at our discretion unless otherwise agreed in writing.

(a) Delivery of Consigned Property; Risk of Loss

  • We accept risk of loss or damage only when we take physical possession or you use our approved shipping label and method, which must be processed in our vendor's tracking system.

  • If the Consigned Property is lost or damaged, it will be treated as sold, and you will receive a commission based on the estimated net selling price, determined by us.

  • For damaged returns, notify us, return the item following our shipping instructions, and provide evidence for your claim. We will validate and, if approved, provide the commission.

Claims for damaged, stolen, or lost items must be submitted in writing within 30 days of awareness.

(b) Consigned Property Acceptance Conditions

  • We will evaluate received items for authenticity, quality, and value. Condition affects pricing. Please review our Quality Standards for condition-specific descriptions.

  • We only accept items we deem suitable for resale, which must be in Well loved (“Fair”) to New With Tags / Like New (“Unused” and pristine) condition, listed in our current Quality Standards Directory, authentic, and compliant with your representations in Section 8. Accepted Brands List, which will appear on your "My Bean Boutique" page.

  • Rejected items will be returned in accordance with our Unaccepted Items Policy.

(c) Consignment Period and Return of Property

(i) The “Consignment Period” for each Consigned Property item begins when we accept it for Consignment and lasts 90 days, even if this Agreement is terminated by you or Everbean Kids. You may submit a written Return Request during this period, provided the item has not already been sold. We will make reasonable efforts to remove the item from our Service and retail locations (if applicable) before sale and return it per our Return & Refund Policy.

(ii) All Return Requests are subject to fees and conditions outlined in the Return & Refund Policy.

(iii) If an Accepted Item is unsold at the end of the Consignment Period, it will be eligible for reclamation for one additional month. A $4.99 USD per item reclamation fee will be charged and/or can be deducted from future earnings, and the seller is responsible for return shipping costs, which will be determined by the local courier at time of shipment. It is the seller's responsibility to initiate the reclamation process.

If the item is not reclaimed within the given timeframe, we will take steps to give it a second life. Prices may be adjusted to encourage sales, and if it remains unsold, it will be donated to local organizations dedicated to impactful initiatives that resonate deeply with our founders' values. Please review our Unsold Items Policy for more information.

 

 

(d) Efforts to Sell; Price

(i) As long as you comply with this Agreement, we will display your Consigned Property on our Service and make commercially reasonable efforts to sell it.

(ii) Unless a specific price is agreed upon in writing, we will determine the initial selling price ("Initial Resale Price") based on our evaluation and current resale market conditions. The manufacturer's suggested retail price is for reference only.

(iii) To promote sales, we may apply additional discounts to the Initial Resale Price unless otherwise agreed in writing.

(iv) We may offer additional discounts and promotions during the Consignment Period at our discretion without notice to you, unless previously agreed upon.

 

 

(e) Title to Property

You retain ownership of each Consigned Property item until it is considered “Sold,” defined as:

(i) When we sell the item to a customer, and it is not returned within the Return & Refund Policy period; or

(ii) If it is lost, stolen, damaged, or destroyed while in our possession.

 

 

(f) Commissions and Payment for Consigned Property

(i) You will receive a Commission for each Sold item, calculated as the item’s Net Selling Price multiplied by the applicable Commission Rate. This Commission is your sole compensation under this Agreement.

(ii) Definitions:

  • Commission Window: The period starting from when the item was published for resale and lasting approximately three months. Subsequent windows follow the same three-month cycle.

  • Final Resale Price: The final resale price minus discounts.

  • Net Sale: The final resale price minus discounts, taxes and any other applicable fees within a Commission Window.

(iii) Commission Rates can be found on our Commission Rates & Payment Policy page and may be updated periodically.

(iv) Commission rates are based on your Final Resale Price within a Commission Window, and we may offer promotional rates without prior notice.

(vi) We typically process Commission payments on the 15th of each month for sales from the prior month, using payout methods though PayPal, site credit, or other mutually acceptable methods. Payments will be issued in accordance with our Return & Refund Policy period and  Commission Rates & Payment Policy guidelines.

(vii) You must provide accurate and complete information to receive payments. We are not responsible for communication errors due to inaccurate details.

(viii) If a dispute arises regarding your Consigned Property, we may withhold Commission payments until the issue is resolved.

3. UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS

We are dedicated to preventing the sale of counterfeit and stolen goods through our authentication process. However, you are primarily responsible for ensuring the authenticity of all items you provide. If we cannot verify an item's authenticity, we may refuse it and return it to you according to our Return & Refund Policy. If we identify an item as counterfeit, unapproved, stolen, or offered in an unauthorized market, we will notify you, giving you the chance to provide proof of purchase or authenticity. Any item deemed counterfeit will not be returned and will either be destroyed by a certified vendor or reported to law enforcement. We cooperate with brands in tracking counterfeit sources and may disclose your contact information to them if legally required. We reserve the right to deny service to any consignor who submits counterfeit items.

We adhere to laws regarding counterfeit and stolen items and take such claims seriously, cooperating with law enforcement in investigations.

4. TERMINATION; DENIAL OF SERVICE

Either party may terminate this Agreement in writing at any time. Termination is effective on the notice date, and any costs related to returning Consigned Property will apply per our Return & Refund Policy.

At Everbean Kids, we value our customers and aim to provide a safe, respectful experience. We reserve the right to deny or terminate service for any customer engaging in prohibited behavior.

5. NO ASSIGNMENT

You may not assign this Agreement or any interest without our prior written consent. Any unauthorized assignment is void. This Agreement benefits and is enforceable by the parties and their successors.

6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT:

Your use of our services is at your own risk. Our services are provided "as is" and "as available." We disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that our services will meet your needs or be uninterrupted or error-free. No advice or information received from us creates any warranty not expressly stated.

Everbean Kids and its affiliates are not liable for any indirect, incidental, special, or consequential damages, including loss of profits or data, arising from your use of our services or any related matters. Our liability is limited to the amount we have actually received or paid for your Property.

These disclaimers and limitations are fundamental to our business, and we would not enter into this Agreement without them.

Please consult appropriate professionals regarding this Agreement's terms and any specific opinions or advice.

7. YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

You represent and warrant that (a) you are at least 18 years old, (b) you have legal title to each item and authority to sell it, (c) none of the items are subject to liens, (d) none are counterfeit, (e) they do not infringe on any third-party rights or violate laws, and (f) they are not the result of illegal activity. 

You will indemnify and hold us harmless from all damages, suits, and costs arising from the sale or display of your Consigned Property, including any authenticity or ownership disputes.

8. GOVERNING LAW

This Agreement will be governed by the laws of Delaware. Any disputes not subject to arbitration will be resolved in Delaware state or federal courts. 

9. AMENDMENTS TO THIS AGREEMENT

We may update this Agreement's terms at any time with thirty (30) days' notice, except for Commission Rates, which may change immediately. You are bound by revised terms unless you terminate the Agreement before the effective date of the changes.

10. ENTIRE AGREEMENT

This Agreement, along with our Terms of Service, constitutes the complete agreement between you and us, superseding all prior agreements. Modifications must be in writing and signed by both parties.

11. NO IMPLIED WAIVER

Failure to enforce any provision of this Agreement does not waive the right to enforce it in the future.

12. SEVERABILITY

If any term of this Agreement is found to be unenforceable, the remainder will remain valid.

13. SURVIVAL OF TERMS AFTER AGREEMENT ENDS

Any obligations imposed by this Agreement will survive its termination.

14. HEADINGS

Headings in this Agreement are for convenience only and do not affect interpretation.

15. NOTICES

All notices must be in writing, including emails.

If you have any questions or comments about this Agreement, the Service, or wish to terminate this Agreement, please contact us at support@everbeankids.com.

You may also write to us at:

Everbean Kids, LLC.
Attn: Legalinc Corporate Services Inc.
131 Continental Dr Suite 305 
Newark, DE, 19713

We will send all notices to the email or physical address you provide. You are responsible for keeping that information current and accurate.

All agreements, notices, disclosures, and communications we provide electronically meet any legal writing requirements.

16. DISPUTE RESOLUTION

PLEASE READ THIS ARBITRATION SECTION CAREFULLY TO UNDERSTAND YOUR RIGHTS, AS IT REQUIRES ARBITRATION OF CERTAIN DISPUTES AND LIMITS YOUR ABILITY TO SEEK RELIEF.

(a) Scope

All disputes between you and us arising from this Agreement or your relationship with us—whether based on contract, tort, statute, or any legal theory—will be resolved first amicably and then through binding arbitration with a neutral arbitrator, instead of in court. YOU AND EVERBEAN KIDS WAIVE YOUR RIGHTS TO A JURY TRIAL.

(b) Amicable Resolution

In the event of a dispute, you and Everbean Kids will first negotiate in good faith to resolve it informally. You may notify us by emailing support@everbeankids.com or writing to the address above. The notice must describe the nature of the dispute and the relief sought. We will have sixty (60) days to resolve the dispute. If unresolved, you or Everbean Kids may submit the dispute to arbitration.

(c) Binding Arbitration

Except for claims properly filed in small claims court, unresolved disputes will be settled by binding arbitration. The arbitrator’s decision will be final and binding, and they may grant any relief warranted.

(d) Small Claims Court Option

If you entered into this Agreement individually, you may choose to submit any dispute to small claims court instead of arbitration, either before or after initiating arbitration.

(e) CLASS ACTION WAIVER

BY ENTERING THIS ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHT TO A JURY TRIAL FOR ANY CLAIM SUBJECT TO ARBITRATION. ARBITRATION WILL BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED. DISPUTES REGARDING THE ENFORCEABILITY OF THIS WAIVER WILL BE RESOLVED BY AN ARBITRATOR.

(f) Severability

If any part of this Section 17 is deemed unenforceable, it will be severed without affecting the remainder of this Section. If severance results in claims proceeding on a class basis, those claims will be litigated in court, pending the outcome of individual claims in arbitration.

17. MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service. Except as explicitly provided, there are no third-party beneficiaries to this Agreement.