Divine Consign - Wind-Down Continued Consignment Agreement and Election

Divine Consign - Wind-Down Continued Consignment Agreement and Election

Divine Consign — Wind-Down Continued Consignment Agreement and Election

This Wind-Down Continued Consignment Agreement and Election (“Agreement”) is entered into between Divine Consign (“Divine Consign”) and the undersigned consignor (“Consignor”). This Agreement supplements Consignor’s existing consignment agreement with Divine Consign and applies specifically to Consignor’s voluntary election to leave unsold merchandise at Divine Consign for continued sale during Divine Consign’s wind-down.

Consignor Information

1. VOLUNTARY ELECTION
Consignor understands that Consignor may request return of unsold merchandise rather than sign this Agreement. Consignor voluntarily elects instead to leave the Continued-Sale Merchandise with Divine Consign and authorizes Divine Consign to continue offering it for sale under this Agreement.
2. MERCHANDISE COVERED
This Agreement applies to all merchandise reflected as “AVAILABLE” in Consignor’s Divine Consign online account after 6:00 p.m. on September 2, 2026 (“Continued-Sale Merchandise”). Consignor is responsible for reviewing the online account and promptly notifying Divine Consign in writing of any claimed error. Consignor represents that Consignor owns the merchandise or otherwise has authority to consign and authorize its sale.
3. EXISTING AGREEMENT; PREVIOUSLY SOLD MERCHANDISE
Except as expressly modified by this Agreement, the existing consignment agreement remains in effect. This Agreement does not re-consign merchandise sold before execution of this Agreement and does not waive, release, compromise, extinguish, or alter any amount ultimately determined through reconciliation to be properly due to Consignor from previously completed sales.
4. PRICING AND MARKDOWN AUTHORITY
Consignor grants Divine Consign sole discretion during the wind-down to establish, modify, negotiate, and reduce the selling price of Continued-Sale Merchandise at any time and by any amount Divine Consign determines appropriate, without further approval from Consignor. Consignor understands that merchandise may sell for substantially less than its purchase price, original or current asking price, appraisal, estimated value, or the amount Consignor believes it is worth, and nevertheless authorizes the sale.
5. 50/50 SPLIT; 15% BUYER’S FEE
The existing 50/50 consignment split remains in effect. Consignor’s gross contractual share is fifty percent (50%) of the applicable merchandise selling price. Divine Consign may continue charging purchasers its separate fifteen percent (15%) Buyer’s Fee, which does not increase Consignor’s 50% share. Taxes, delivery charges, and other purchaser charges are not part of the merchandise selling price unless otherwise required by the existing agreement or law.
6. FINALITY OF SALES
Sales remain subject to ordinary payment processing, returns, refunds, cancellations, fraud, and chargebacks. If a transaction is cancelled, refunded, rescinded, charged back, fraudulent, or otherwise does not result in Divine Consign’s receipt and retention of the purchase funds, Divine Consign may reverse or adjust the transaction and Consignor’s account accordingly, subject to the existing agreement and applicable law.
7. SELLING PERIOD
Unless Consignor timely requests return under Section 8, Divine Consign may continue offering Continued-Sale Merchandise for sale through the earlier of October 23, 2026 or the date Divine Consign permanently ceases retail operations.
Consignor may request return of unsold merchandise by written request to submissions@divineconsign.com identifying the Consignor and requested merchandise. Divine Consign shall have at least 48 hours after receipt to locate, identify, process, and prepare the merchandise for return. The merchandise remains available for sale until Divine Consign actually processes the request and changes the merchandise to unavailable in its inventory system. If an item sells before that occurs, the sale controls and Consignor is entitled to the applicable consignment proceeds rather than return of the item. All pickups and returns are by appointment only. Consignor may authorize another person to retrieve merchandise, subject to reasonable identification/authorization requirements. Divine Consign may assist with arranging an independent third-party delivery provider, if available, at Consignor’s expense. Divine Consign’s possession and responsibility end upon proper release to Consignor or Consignor’s authorized representative or delivery provider, except as otherwise required by law.
9. ONLINE ACCOUNT
Consignor’s online Divine Consign account is expected to remain accessible during the wind-down, subject to ordinary system availability. It will display information maintained in Divine Consign’s system, including applicable AVAILABLE, SOLD, and RETURNED statuses. Reasonable processing time may be required for transactions, corrections, or status changes to appear.
All Divine Consign consignment accounts must be reviewed and reconciled as part of the store wind-down. This process will continue after October 23, 2026. After reconciliation, any amount determined to be properly due to Consignor will be paid by check mailed to the most recent address provided by Consignor. Checks will not be available for pickup. Divine Consign makes no promise or guarantee concerning the amount of any payment or the date a check will be issued, mailed, or received. OCTOBER 23, 2026 IS NOT A PROMISED PAYMENT DATE. Nothing in this Agreement waives or releases any amount ultimately determined through reconciliation to be properly due to Consignor. If a check is returned or remains unclaimed, the funds will be handled in accordance with applicable law.
Consignor understands that merchandise is displayed in an operating retail environment and may be moved, handled, inspected, or tried by customers and employees and may experience ordinary wear. Divine Consign will exercise the degree of care required by applicable Illinois law. Divine Consign does not guarantee that any merchandise will sell or insure merchandise against every casualty unless expressly agreed in writing. Rights concerning damage, theft, destruction, or casualty remain governed by the existing agreement and applicable law, and nothing here waives liability that cannot lawfully be waived.
Consignor must retrieve all unsold merchandise by appointment no later than the earlier of (a) five (5) calendar days after Divine Consign permanently ceases retail operations or (b) October 28, 2026 (“Final Retrieval Deadline”). Consignor is responsible for arranging timely pickup or delivery. Divine Consign cannot continue to store merchandise after the Final Retrieval Deadline. If Consignor fails to retrieve merchandise by that deadline, Divine Consign shall determine the disposition of the merchandise, including sale, donation, transfer, recycling, disposal, removal from the premises, or other lawful disposition, to the fullest extent permitted by applicable Illinois law. Consignor shall have no contractual right after the Final Retrieval Deadline to direct the disposition of merchandise not timely retrieved. Any non-waivable Illinois law controls.
13. CONTACT INFORMATION AND NOTICES
Consignor must keep Divine Consign informed in writing of Consignor’s correct mailing address and email address. Divine Consign may rely on the most recent contact information provided. Return requests should be sent to submissions@divineconsign.com. Divine Consign may communicate with Consignor using the mailing address, email address, or telephone number provided by Consignor.
14. NO ORAL PROMISES OR MODIFICATIONS
No employee or representative may orally guarantee a selling price, sale, payment amount or payment date; extend a retrieval deadline; promise that merchandise will not sell while a return request is being processed; or otherwise modify this Agreement. Consignor agrees not to rely on an oral statement inconsistent with this Agreement. Any modification must be in writing and authorized by Divine Consign management.
15. GENERAL TERMS
This Agreement may be signed electronically and in counterparts. An accommodation, extension, or exception in one instance does not waive Divine Consign’s rights in another. Consignor acknowledges that Consignor is not relying on representations inconsistent with this Agreement concerning sale price, likelihood of sale, payment amount or timing, or Divine Consign’s precise closing date. This Agreement is governed by Illinois law. Nothing in it is intended to waive or circumvent a non-waivable legal right or obligation. If any provision is unenforceable, it shall be enforced to the maximum extent legally permissible and the remainder shall remain effective. For Continued-Sale Merchandise, this Agreement controls over inconsistent provisions of the existing agreement concerning wind-down pricing, sale duration, return procedures, reconciliation, payment procedures, final retrieval, and lawful disposition of unclaimed merchandise.

Consignor Signature

By signing below, I voluntarily elect to leave with Divine Consign for continued sale all of my merchandise shown as AVAILABLE in my online account after 6:00 p.m. on September 2, 2026. I understand that I could instead request return of my unsold merchandise; Divine Consign may substantially reduce prices without my approval; my merchandise may sell for less than I believe it is worth; the 50/50 consignment split remains in effect; merchandise remains subject to sale while a return request is being processed; my account must be reconciled before payment; October 23, 2026 is not a promised payment date; checks will be mailed and cannot be picked up; and I am responsible for retrieving unsold merchandise by the Final Retrieval Deadline.

Divine Consign (For Office Use)