Consignment Agreement

The short version

• We take 15% of the sale price. Selling costs come out of the remainder.
• You set a floor price. We will not sell below it without your written OK.
• You keep ownership until the card sells. We hold it, sell it, and pay you within 7 days.
• We hold your cards. Items over $1,000 can stay with you by written agreement.
• While consigned, cards are sold exclusively through us.

1. Consigned property

You deliver the items listed on Schedule A, each identified by description and by the minimum acceptable sale price (the “floor price”). Items added later are covered once they appear on a signed supplemental Schedule A.

2. Title and ownership

You warrant that you are the sole lawful owner of each item, have full right to consign it, and that no item is stolen, counterfeit, altered, or subject to any lien or competing claim. Title stays with you until the item sells. We take possession only for the purpose of sale and acquire no ownership interest.

You agree to indemnify The Break Room against any claim arising from a breach of those warranties, including a claim that an item is counterfeit or not yours to sell.

3. Exclusivity and sales channels

While an item is consigned, we are your exclusive agent for it — it may not be offered, listed, advertised, or sold through any other dealer, marketplace, show, or private sale. We may offer it through any channel we operate: the shop, breakroom.cards, eBay, TCGplayer, Whatnot, Loupe, the in-store kiosk, and live or recorded box breaks. We control listing copy, photography, channel, and timing.

4. Possession

We hold every item by default. You deliver them to the shop on or before the start date, and we keep them until sold, withdrawn, or returned.

An item may stay in your possession only if Schedule A marks it “Held by Consignor.” That is intended for items above $1,000, or items you want kept in a vault, safe deposit box, or at a grading service. For those items:

• You carry all risk of loss and insure it yourself.
• You must deliver it to us within 2 business days of our notice that it sold, in the condition described on Schedule A.
• If you miss that window, you are responsible for the costs we incur cancelling the sale — marketplace penalties, buyer refunds, feedback remedies, and any suspension of our selling privileges. We may also pull your remaining items and end the agreement.
• We may decline at any time to keep listing an item we do not physically hold.

5. Pricing and floor price

We set the offered price using our commercial judgment, and will not sell below your floor price without your prior written consent (email is fine). We may accept an offer at or above the floor without asking, and may lower the offered price at any time so long as it stays at or above the floor. If Schedule A states no floor for an item, we may sell it at market.

6. Commission and payment

We retain 15% of the gross sale price. From the remainder we deduct the actual selling costs of that sale and pay you the balance. Gross sale price means what the buyer pays for the item, excluding sales tax. Deductions are:

• our 15% commission;
• marketplace and payment-processing fees actually charged by eBay, TCGplayer, Whatnot, Loupe, Stripe or another channel; and
• the actual cost of shipping and protective packaging, less any shipping the buyer paid separately.

We will not deduct a cost we did not actually incur, and every deduction is itemized on your statement. We pay within 7 days after the sale settles — meaning when the selling channel releases the funds to us — together with a statement showing the item, sale price, channel, each deduction, and the commission retained. Nothing is owed for a sale that is later reversed, charged back, or cancelled; if we already paid you for it, that amount is repaid or offset against future amounts.

7. Care, risk and insurance

We store consigned items with the same care we use for our own inventory, in a secured premises. We do not insure consigned property. You are responsible for insuring your items while they are with us, and we encourage you to confirm with your insurer that property held on consignment by a third party is covered. Any coverage we carry is for our own benefit and confers no rights on you.

Except for loss caused by our gross negligence or willful misconduct, you bear the risk of loss, theft, fire, water, or damage while items are in our possession. Our liability for any item is limited to its floor price, or if none is stated, its documented fair market value at the time of loss.

Grading, pressing, cleaning, or any alteration of an item requires your prior written consent.

8. Term, withdrawal and return

The term runs 90 days from the effective date and renews automatically for further 90-day periods unless either side gives written notice.

You may withdraw any unsold item on 7 days’ written notice, except an item already committed to a scheduled break, a live selling event, or an active listing with a pending offer — those stay until that commitment concludes. There is no withdrawal fee, but we may deduct third-party costs already spent on that item (grading, authentication, listing fees) from amounts otherwise owed.

We may return any item to you at any time on written notice. Returned or withdrawn items should be collected within 30 days. Items not collected within 180 days, after at least two written attempts to reach you, may be sold with the net proceeds held for you, or disposed of if we reasonably determine the item has no resale value — in each case only as Connecticut law permits.

9. Buyer-facing terms

All sales to buyers are final; we do not accept returns, exchanges, or issue refunds, consistent with our published terms. If we are nonetheless required to accept a return by a marketplace, a payment processor, or applicable law, the sale is treated as reversed, the item goes back to consigned status, and anything already paid to you for it is credited against future amounts due.

10. Security interest

To the extent a consignment is governed by Article 9 of the Connecticut Uniform Commercial Code, you may perfect your interest by filing a UCC-1 financing statement, and we will reasonably cooperate at your expense. Filing may be necessary to protect your interest in the items against our creditors. Nothing here waives that right.

11. Records

We keep records of each item’s listing history, sale price, channel, and remittance for at least 3 years, and will make records relating to your items available on reasonable request.

12. Governing law

These terms are governed by the laws of the State of Connecticut, without regard to conflict-of-laws rules, with exclusive jurisdiction in the state and federal courts of Fairfield County, Connecticut. The parties are independent contractors; nothing here creates a partnership, joint venture, or employment relationship.

13. Electronic signature

The consignment agreement and Schedule A may be executed and delivered electronically. Electronic signatures are valid and binding to the same extent as handwritten signatures under the federal ESIGN Act and the Connecticut Uniform Electronic Transactions Act.

Consign with us

Bring your cards to 79 A1 Danbury Road, Ridgefield, CT, or email us first and we’ll tell you what we’re looking for: info@breakroom.cards