Consignment policy.
NUDA Consignment Agreement (Revised)
Thank you for your interest in consigning with NUDA LLC ("NUDA"). This Consignment Agreement ("Agreement") outlines the terms and conditions governing the sale of your personal property ("Consigned Property") through our online platform.
By signing this Agreement, you acknowledge that you have read, understood, and agree to be bound by these terms.
1. Eligibility:
You must be at least 18 years old and possess a valid driver's license to consign with NUDA.
You must be a current member of NUDA with an active standing membership throughout the consignment process.
2. Prohibited Items:
NUDA is committed to preventing the sale of counterfeit and stolen goods. We reserve the right to refuse to accept any item that, in our sole discretion, is:
Unauthenticated: We have a rigorous authentication process to ensure the legitimacy of all items offered for sale. Items that fail authentication will not be accepted for consignment.
Counterfeit: The sale of counterfeit items is strictly prohibited. Any item deemed counterfeit will be destroyed by a third-party vendor or reported to law enforcement.
Stolen: If we suspect an item is stolen, we will cooperate with law enforcement and may disclose your information as required.
3. Consignment Process:
You are responsible for ensuring the authenticity and legality of all Consigned Property you submit to NUDA.
You will be presented with a Consignment Agreement which you must read, understand, and sign electronically before proceeding.
You can choose your preferred payment method for your commission: direct deposit, site credit, physical check (subject to processing fees), or another mutually agreed-upon method.
We will professionally photograph, style, and list your item for sale on our platform for a minimum of 90 days.
You may request early removal of your item with written email consent from NUDA. Please allow up to three business days for the item to be removed from the website and returned to you.
4. Risk of Loss:
NUDA assumes responsibility for the Consigned Property from the moment it is received until the end of the consignment term or until it is returned to you.
In the event of loss, theft, or damage to the Consigned Property while in our possession, NUDA will compensate you for the agreed-upon consignment price.
5. Payments:
We typically process commission payments on the 15th day of each month for sales that occurred during the previous month.
Payments will be made to your chosen method (direct deposit, site credit, check, etc.).
6. Termination:
This Agreement may be terminated by either party at any time, with or without cause, upon written notice.
7. Dispute Resolution:
a. Arbitration: Any dispute arising out of or relating to this Agreement, including any breach of Agreement, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") on an individual basis. The arbitration shall be conducted in San Francisco, California, and the decision of the arbitrator shall be final and binding on both parties.
b. Small Claims Court Option: If You entered into this Agreement individually, you have the choice to submit any Dispute before a small claims court, if applicable, instead of having the Dispute resolved by arbitration. You can make this choice either before or after the Dispute is submitted for resolution by Arbitration.
c. Class Action and Litigation Waiver:
BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION.
ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, CLASS ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ACTION. COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES IS ALSO NOT ALLOWED.
DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THE FOREGOING CLASS ACTION WAIVER SHALL BE EXCLUSIVELY RESOLVED BY AN ARBITRATOR APPOINTED BY THE AAA, PURSUANT TO THE APPLICABLE ARBITRATION RULES, AS DETAILED IN THIS SECTION 7.
8. Entire Agreement:
This Agreement constitutes the entire agreement between you and NUDA regarding the consignment of your personal property.
9. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America.
We encourage you to review this Agreement carefully and ask any questions you may have before signing.
**By electronically signing below, you acknowledge that you have read, understood,