Rosie Collective Terms of Service

This Consignment Agreement ("Agreement") is made between the Consigner, ("Artist"), and Consignee, ("Make at Rosie") collectively referred to as the "Parties", with respect to the consignment of art items ("Items") to Make at Rosie's online consignment store, "The Rosie Collective". 

1. Purpose: The purpose of this Agreement is to outline the terms and conditions under which Artist consigns Items to Make at Rosie for sale through The Rosie Collective.

2. Membership: Artist's Make at Rosie membership automatically qualifies Artist to participate in The Rosie Collective. Artist may consign Items to The Rosie Collective without up-front fees outside of their monthly membership.

3. Consignment Process: Artist shall provide Item(s) to Make at Rosie and complete the Inventory Listing Form, sharing a brief description of the work, materials used, how many times to list, and a desired price point. Make at Rosie shall photograph the Item(s), list them on Etsy, market and promote them, and ship them once the Item(s) sell. Make at Rosie shall cover all Etsy fees and shipping materials. Artist shall be paid when the Item(s) sell, and Make at Rosie shall disburse payments monthly via ACH.

4. Commission: Consignee shall charge the consigner a 30% commission on the sale price of each item sold through The Rosie Collectiv

5. Listing Approval: Make at Rosie reserves the right to approve the listing of any Item. In rare cases, Make at Rosie may decline an Item that does not align with its values or quality standards.

6. Quantity of Items: Artist may list any number of Items at one time. However, Make at Rosie intentionally curates a diversity of Items, and may limit the number of listings or stagger their display.

7. Consignment Period: The consignment period for each Item shall be four months. If an Item does not sell within this period, Make at Rosie may charge a small fee to cover storage and relisting fees or remove the Item from The Rosie Collective and ask that Artist pick up the Item within 30 days. Items not picked up within 30 days are considered forfeit.

8. Termination: If Artist ends their Make at Rosie membership, their Collective membership will end at the same time, and Artist will receive all their Items back. Items not picked up within 30 days of cancellation are considered forfeit.

9. Loss, Theft, and Damage: Make at Rosie shall take utmost care to ensure all Items are handled with care, packaged securely, and stored safely. However, in rare cases, loss, damage, or theft may occur on-site or in transit once an Item has sold. If an Item is lost, damaged, or stolen while being stored by Make at Rosie, Make at Rosie shall compensate the Artist as if the Item was sold. Similarly, if an Item is lost, stolen, or damaged once it is sold and in transit to the buyer, Make at Rosie shall compensate Artist as if the Item was successfully sold, then work to recoup the costs through the postal service. Make at Rosie requires all Items to be shipped with insurance.

10. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law. Any legal suit, action, or proceeding arising out of or related to this Agreement or the transactions contemplated hereby shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas.

11. Arbitration: Any dispute arising under or in connection with this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

12. Indemnification: Consigner agrees to indemnify and hold harmless Consignee from any and all claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or resulting from the consignment of the items to the Rosie Collective, including but not limited to any claims for copyright infringement or other intellectual property rights.

13. Entire Agreement: This Agreement contains the entire agreement between the Parties, and supersedes all prior and contemporaneous agreements, understandings, and negotiations, whether oral or written. This Agreement may be amended or modified only by  a written instrument executed by both parties.