Effective Date: October 7, 2020.
By following the instructions provided to you on Flight Club’s seller portal at sell.flightclub.com (together with Flight Club’s website at www.flightclub.com, the “Site”), you will be able to identify the Items you want to consign with Flight Club, set a consignment price for each Item (the “Consignment Price”), and ship such Items to Flight Club or drop off such Items to Flight Club in person at one of Flight Club’s retail locations.
If you are located in the United States and elect to ship Items to Flight Club, Flight Club will provide you with a prepaid shipping label. You must use this prepaid shipping label to ship such Items to Flight Club.
If you are located outside of the United States and elect to ship Items to Flight Club, you are responsible for shipping your Items to Flight Club at your own cost and expense.
Flight Club will not be liable for any loss or damage to Items while in transit.
Flight Club 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 Flight Club for consignment.
In connection with Flight Club’s acceptance of each such delivery of Items, Flight Club will issue to you by email a consignment receipt (each, a “Consignment Receipt”) stating the quantity and description of such Items and the Consignment Prices of such Items.
If you deliver item(s) to Flight Club that do not match the description you provided (e.g., wrong size, SKU, different condition), we will notify you and you will have the option to have the item(s) sent back to you or consigned on your behalf. If you choose to have the item(s) sent back to you, you will be charged a Retrieval Fee (as defined below). If you choose to consign the item(s), we will price and activate the listing(s) pursuant to the paragraph below. If you do not respond within 14 days of receiving notice that your item(s) do not match the description you provided or if you do not pay the Retrieval Fee within 14 days of notification, we will consign the item(s) on your behalf and activate the listing(s) at 10% above the lowest price of the same item available on the Site based on SKU and size. If no lowest price exists, we will set a price at our reasonable discretion. You may change the listing price at any time within sell.flightclub.com.
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. If you choose to have the item(s) sent back to you, you will be charged a Retrieval Fee. If you do not respond within 14 days of receiving notice that your item(s) are inauthentic or unsellable or if you do not pay the Retrieval Fee within 14 days of notification, we will dispose of the item(s) at our sole discretion.
By delivering Items to Flight Club, you authorize Flight Club to offer the Items for sale in such manner Flight Club deems appropriate, including by means of display in Flight Club’s or its affiliates’ retail stores and/or on one or more of Flight Club’s or its affiliates’ websites or mobile applications.
Flight Club reserves the right to make an Item available for sale both at the designated Consignment Price and at an additional “priority processing” price (the “Priority Processing Price”), which Priority Processing Price will be equal to the Consignment Price for such Item plus an additional amount for expedited fulfillment and shipping (the “Priority Processing Premium”). The current Priority Processing Premium is described here.
If, at any point in time the Consignment Price you have designated for an Item is, in Flight Club’s sole discretion, significantly higher than the current market price for such Item, Flight Club will notify you of such determination and your Item may be made unavailable for sale and you may request for such Item to be shipped back to you subject to paying the Retrieval Fee or you can revise the Consignment Price in sell.flightclub.com. If such Consignment Price subsequently becomes, in Flight Club’s sole discretion, no longer significantly higher than the current market price for such Item, your Item will be made available for sale as described in the previous paragraph.
Flight Club makes no guarantees as to whether, when, or at what price any of the Items can or will be sold.
Collection of Sales Proceeds and Taxes. Flight Club will collect payments for all sales of Items. Flight Club will also collect and remit all relevant sales, use, and value added taxes on sales of Items.
Flight Club’s Commission. Flight Club will receive a commission from each sale of an Item equal to 9.5% of the Consignment Price of such Item plus $5 USD (the “Commission”).
Your Earnings. After each sale of an Item, your seller account will be credited with your earnings from such sale. Your earnings from a sale of an Item will be equal to the price at which such Item is sold (not including any Priority Processing Premium, shipping costs, duties, or taxes) the Commission.
Payments. You have two options to cash out your earnings—you can either have your funds deposited to your bank account through ACH direct deposit or to your PayPal account. There is a 2.9% fee for all cash outs, and an additional $25 USD issuing fee for cash outs if your bank account is with a bank located outside the United States. You may withdraw funds from your seller account if your total earnings exceed $1.00 USD.
You will need to provide the required information in order to withdraw funds from your seller account. When entering your information, please make sure everything is accurate and correct. INCORRECT OR INACCURATE INFORMATION WILL LEAD TO DELAYS WITH YOUR CASH OUTS.
Once your cash out method has been approved, the funds will be deposited to your bank account or PayPal account, as applicable. Please allow 2-3 business days for the banks to process. Business days are Monday to Friday, excluding holidays and if you cash out after business hours, the first day would be the following business day.
Either you or Flight Club 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, Flight Club will ship such Items to you at the return shipping address listed under your seller account and may charge you a retrieval fee (the “Retrieval Fee”). If you shipped such Items to Flight Club, the Retrieval Fee will cover the costs incurred by Flight Club to ship such Items back to you as well as the prepaid shipping label provided by Flight Club for the shipment of such Items to Flight Club (if applicable). For more information on the Retrieval Fee, please reference our FAQ.
Flight Club will first attempt to charge you the Retrieval Fees by deducting the Retrieval Fee from your seller account balance. If your seller account does not have sufficient funds to cover such amounts, you will have the option to pay the Retrieval Fee via PayPal.
When Flight Club returns Items to you, Flight Club may return to you Items of the identical SKU, size, and condition as your Items, and you agree that your receipt of such Items constitutes your receipt of your consigned Items.
You will retain title to and ownership of each Item consigned with Flight Club until such Item is sold to a Flight Club customer or until such Item is lost, stolen, damaged, or destroyed while in Flight Club’s possession, provided that Flight Club has full authority to effect the sale of such Items in accordance with the terms and conditions stated herein.
Flight Club shall have no liability to you or any third parties for any loss or damage to the Items in transit to Flight Club, and you hereby indemnify Flight Club and hold Flight Club harmless in respect of any such losses and damages. Flight Club will endeavor to use reasonable care in the handling, display, and storage of your Items, using not less than the same degree of care which Flight Club utilizes with respect to its own items of a similar nature. However, in the event that any of the Items are lost or stolen, or are damaged or destroyed by fire, flood, customer handling, civil unrest or other causes beyond Flight Club’s reasonable control, then, except to the extent of any insurance proceeds that Flight Club actually collects in respect of such Items, the risk of loss remains with you, and Flight Club assumes no responsibility or obligation to make any payment or reimbursement in respect of any such loss or damage, or for any special or consequential damages. Flight Club makes no assurance that its insurance will provide coverage for the Items or the amount which any insurer may pay in respect of any casualty relating to the Items.
YOU ACKNOWLEDGE AND AGREE THAT FLIGHT CLUB’S CONSIGNMENT AND OTHER SERVICES (TOGETHER WITH THE SITES, THE “SERVICE”) 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, FLIGHT CLUB EXPLICITLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FLIGHT CLUB 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. FLIGHT CLUB 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 FLIGHT CLUB OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IF YOU HAVE A DISPUTE WITH FLIGHT CLUB OR ARE DISSATISFIED WITH THE SERVICE, TERMINATION OF YOUR USE OF THE SERVICE IS YOUR SOLE REMEDY. FLIGHT CLUB HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND FLIGHT CLUB AGREE THAT EACH OF YOU AND FLIGHT CLUB MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER THIRD PARTIES. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Flight Club’s right to appeal the court’s decision. All other claims will be arbitrated.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified herein. (The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.) If the AAA is unavailable for the arbitration, the parties will select an alternative private neutral arbitrator to conduct the arbitration in accordance with the AAA Rules. The use of the word “arbitrator” in this Section 14 (Dispute Resolution) shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA Rules will govern the number of arbitrators that may preside over an arbitration conducted under this Section 14 (Dispute Resolution). The Federal Arbitration Act will govern the interpretation and enforcement of this Section 14 (Dispute Resolution).
Arbitration Process and Selection of Arbitrator. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules by mail. The AAA provides a form Demand for Arbitration here. Unless you and Flight Club otherwise agree, the arbitration will be conducted in the county where you reside within a reasonable time, without undue delay. All parties participating in arbitration shall have the right, at their own expense, to be represented by a spokesperson of their own choosing. If your claim does not exceed $10,000, then you or Flight Club may elect to have the arbitration be conducted by telephone or solely on the basis of documents you and Flight Club submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
If the AAA is unavailable for the arbitration and the parties must select an alternative private neutral arbitrator to conduct the arbitration, the parties will select such alternative arbitrator as follows: both Flight Club and you will exchange a list of three preferred private arbitrators. If there is a common name on the two lists, that person will be appointed as the arbitrator. If multiple common names appear on the two lists, the parties will act in good faith and select one of the multiple common names. If there are no common names on the lists, the two arbitrators listed as the first name on each list will confer and appoint a third arbitrator who will conduct the proceeding (“Presiding Arbitrator”). If the parties agree to have more than one arbitrator preside over the arbitration, the Presiding Arbitrator will select the additional arbitrators taking into account any additional common names on submitted lists.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator’s award shall be final and binding, but subject to review in accordance with applicable statutes governing arbitration awards. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. If you prevail in arbitration you will be entitled to an award of reasonable attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. You and Flight Club agree that, in accordance with the AAA Rules, the amount of the filing fee associated with the arbitration that is payable by you is capped at $200, and Flight Club will be responsible for payment of the balance of such filing fee in excess of $200 and other administrative and arbitrator fees associated with the arbitration. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Flight Club will pay as much of your share of the filing fee as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive.
Severability. With the exception of any of the provisions under the Prohibition of Class and Representative Actions and Non-Individualized Relief subsection of this Section 14 (Dispute Resolution), if an arbitrator or court decides that any part of this Section 14 (Dispute Resolution) is invalid or unenforceable, the other parts of this Section 14 (Dispute Resolution) will still apply.