Marching Dogs Consignment Policy

Marching Dogs Consignment Policy / Agreement
Last Updated: August 26, 2023.

These Terms of Use will, unless and until superseded by another agreement, be applicable to all footwear and other items delivered by you (“you”) to, and accepted by, Marching Dogs, LLC (“Marching Dogs” or “we”) for sale on consignment (such accepted footwear and other items collectively, “Items”).

1. Delivery and Acceptance of Items
By following the instructions provided to you on the Official Marching Dogs Discord server, you will be able to identify the Items you want to consign with Marching Dogs, set a consignment price for each Item (the “Consignment Price”), and ship such Items to Marching Dogs Headquarters (MD HQ) located in Columbus, Indiana, or drop off such Items in person.

All consigners, regardless of location, are responsible for the shipment and any duties, fees, or taxes associated with shipping to and from them and Marching Dogs.

You will be sent confirmation pictures in your respective consignment channel once approved.

Marching Dogs reserves the right, in its sole and absolute discretion and for any reason or no reason, to refuse to accept any or all Items which you may seek to deliver or drop off to us for consignment.

2. Rejected Items
If you deliver item(s) to Marching Dogs that do not match the description you provided (e.g., wrong size, SKU, different condition), we will notify you in your respective consigner's channel in the Marching Dogs Discord server.

If you deliver item(s) to us that we deem inauthentic or unsellable in our sole and reasonable discretion, you will have the option to have the item(s) sent back to you or disposed of by us. Any fake or inauthentic items received by Marching Dogs will cause a full consigner audit, and all of their inventory at Marching Dogs will be frozen or delisted. We have Project Legit Check, our in-house authentication group, checking all products diligently, and deliveries of inauthentic products will put strikes on your account and will lead to a permanent ban from selling on our platform if broken three times.

3. Representations and Warranties
You represent and warrant to Marching Dogs that (a) you are the valid and lawful owner of the Items and have good and marketable title to the Items; (b) none of the Items are or will be subject to any lien, demand, encumbrance, security interest or other claim; (c) you have the full legal right to offer and sell the Items; (d) the Items are genuine, authentic, new, and unused, and will conform to the description stated in the Marching Dogs Consigner Seller Sheet; (e) your performance of your obligations under these Terms of Use will not conflict with, or result in any violation of or default under, or require any consent, approval, or waiver from any person pursuant to, any contract to which you are party; and (f) you will comply with all laws and regulations applicable to you in the performance of your obligations under these Terms of Use.

4. Sales Efforts; Prices
By delivering Items to Marching Dogs, you authorize us to offer the Items for sale in such manner we deem appropriate. Marching Dogs will rarely ever put items on sale as we encourage sellers to list reasonably to market demand. It should be noted that coupons can be earned through the Marching Dogs rewards program, and this should be acknowledged when deciding list prices.

Marching Dogs only collects tax for customers in Indiana, and this will be taken out from the sold price, when applicable.

Marching Dogs makes no guarantees as to whether, when, or at what price any of the Items can or will be sold.

5. Proceeds of Sales; Payments
Collection of Sales Proceeds and Taxes. Marching Dogs will collect payments for all sales of Items.

Marching Dogs’ Commission. We will receive a commission from each sale of an Item equal to 10% of the sold price plus $3 USD (7% rate plus the additional 3% credit card processing fees; 5% credit card processing fee if international). This rate is only applicable for consigners approved within the time this policy is active.

Your Earnings. Any sales will be communicated in your channel in the Discord server. Once the payout has been sent to MD, we will payout to the requested payment platform. ACH direct transfer and PayPal are our preferred payout methods. We do not pay in Crypto, and we are not responsible for any fees associated with the platform of your choosing. There is no minimum associated with payouts; payouts are sent upon sale.

6. Withdrawal of Items
Either you or Marching Dogs may, at any time, elect to withdraw the offering of any or all of the Items which have not yet been sold.

Upon any withdrawal of Items, we will ship such Items to the address given in the Consigner's discord channel in the discord server. The items returned to the consigner will be the exact same item they sent to Marching Dogs. All items are cataloged with the name of the consigner to maintain a paper trail.

7. Risk of Loss
We shall have no liability to you or any third parties for any loss or damage to the Items in transit to Marching Dogs. Items in transit, both to and from Marching Dogs, are not covered, nor are we liable in any way. It is the responsibility of the courier to deliver the said items. All items secured under Marching Dogs are secured safely and guarded 24/7 with the latest security and armament to ensure all products remain in the condition as they were sent to Marching Dogs.

8. Termination
We may terminate these Terms of Use at any time, with or without cause, by posting in the Marching Dogs discord server. You may terminate by withdrawing all Items as described above in Section 6 (Withdrawal of Items), in which case these Terms of Use will terminate as between you and us after all Items have been returned to you.

Provisions of these Terms of Use which, by their nature, should continue to apply after the termination or expiration of these Terms of Use, or which impose continuing obligations on you or us, will survive any termination or expiration of these Terms of Use.

9. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT MARCHING DOGS’ SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT ALLOWED BY APPLICABLE LAW OR AS OTHERWISE STATED IN WRITING, MARCHING DOGS, LLC EXPLICITLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MARCHING DOGS MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SERVICE WILL BE SATISFACTORY TO YOU, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. MARCHING DOGS MAKES NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MARCHING DOGS OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE REMAINS WITH YOU. NEITHER MARCHING DOGS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE, INCLUDING ANY OF MARCHING DOGS’ AFFILIATES, SHALL BE LIABLE TO YOU FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH: (I) THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE; (II) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE; (III) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE; (IV) YOUR VISIT TO A VENUE RESULTING FROM YOUR USE OF THE SERVICE; (V) PRICING, SHIPPING, FORMAT, OR OTHER GUIDANCE PROVIDED BY MARCHING DOGS; (VI) DELAYS OR DISRUPTIONS IN THE SERVICE; (VII) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SERVICE OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO THE SERVICE; (VIII) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICE; (IX) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE SERVICE; (X) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED THROUGH THE SERVICE OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS; (XI) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR SELLER ACCOUNT; (XII) THE DURATION OR MANNER IN WHICH ITEMS YOU CONSIGN APPEAR ON THE SERVICE; OR (XIII) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR, OR YOUR LOSS OF ABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OF USE OR MARCHING DOGS’ POLICIES, IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARCHING DOGS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MARCHING DOGS SHALL NOT BE LIABLE TO YOU FOR YOUR ACTIONS OR COMMUNICATIONS USING THE SERVICE OR IN CONNECTION WITH THE SERVICE. MARCHING DOGS SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICE OR ANY LINKED SITES OR FOR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH USE OF THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, THE AGGREGATE LIABILITY OF MARCHING DOGS SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WILL MARCHING DOGS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO MARCHING DOGS FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MARCHING DOGS.

IF YOU HAVE A DISPUTE WITH MARCHING DOGS OR ARE DISSATISFIED WITH THE SERVICE, TERMINATION OF YOUR USE OF THE SERVICE IS YOUR SOLE REMEDY. MARCHING DOGS HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

11. Indemnification
You agree to defend, indemnify, and hold harmless Marching Dogs, its officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions, demands, liabilities, judgments, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use or your use of the Service, including, but not limited to, any content that you post, any use of Marching Dogs' materials, content, and intellectual property, or any use of Marching Dogs' consigned items, other than as expressly authorized in these Terms of Use.

12. Consignment Process and Agreement
By consigning items with Marching Dogs, you agree to send your products to Marching Dogs Headquarters (MD HQ) located in Columbus, Indiana. All products will be checked upon arrival and again before shipment to the customer. Marching Dogs reserves the right to accept or reject any items based on quality, authenticity, and market demand.

13. Acceptance and Screening
Only select chosen individuals who have been properly screened will be accepted as consignors. Marching Dogs reserves the right to review and approve or deny any consignment application at its sole discretion. There is no queue or wait times for approvals. Approvals are not quick and we do investigate all consigners heavily. Any question to quality or sourcing of the individual will result in rejection of the submitted application.

14. Shipping to MD HQ
All consigned items must be shipped to Marching Dogs Headquarters (MD HQ) in Columbus, Indiana. Shipping costs and arrangements are the responsibility of the consignor unless otherwise agreed upon in writing with Marching Dogs.

15. Authentication and Quality Check
Upon receipt of the consigned items, Marching Dogs will conduct a thorough inspection and authentication process. Any items found to be inauthentic, damaged, or not meeting Marching Dogs' quality standards will be returned to the consignor at the consignor's expense or disposed of as agreed upon.

16. Pricing and Sales
Marching Dogs will determine the selling price of the consigned items based on market value, demand, and condition. The consignor agrees to the pricing set by Marching Dogs and understands that discounts and promotions may be applied at Marching Dogs' discretion.

17. Payment and Fees
Payment for sold items will be made to the consignor in accordance with the agreed-upon payment terms. Marching Dogs will deduct any applicable fees, including consignment fees, from the payment. All payment details will be transparently communicated to the consignor. Consigners can adjust their prices at any time on Marching Dogs by requesting a price change in their respective channel in the discord server.

18. Unsold Items
Any items that remain unsold after a specified period may be returned to the consignor, donated, or disposed of as per the agreement between Marching Dogs and the consignor.

Section 19: Liability and Insurance
Marching Dogs takes reasonable care to ensure the safety and integrity of all consigned items while in its possession. All items, whether owned by Marching Dogs or stored with us from a consigner, are kept in a locked, temperature-controlled area that is inaccessible to the public.
Please be advised that this area is also a pet-friendly environment, with both cats and dogs present. If a purchaser has pet allergies, they may request specialized cleaning before shipment. Marching Dogs will make every effort to fully clean the product, including any packaging, to remove pet hair or dander.
Despite these precautions, Marching Dogs is not liable for unforeseen damages or loss. It is strongly recommended that the consignor maintain appropriate insurance for valuable items. For added assurance, our storage facility is protected by 24/7 security measures.
20. Termination of Agreement
Either party may terminate this consignment agreement with written notice. Upon termination, all unsold items will be returned to the consignor, and any outstanding payments will be settled.

21. Governing Law
This consignment agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of laws principles.

22. Entire Agreement
This consignment agreement, including any attachments or exhibits, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter. Any amendments to this agreement will be posted in the Marching Dogs Discord server and are not subject to notification unless they affect rates of any kind.