This Retailer Agreement (the “Agreement”) made as of date entered below, by and between My Black Beauty Box, aka MY BBB ("Store Owner"), and you ("Seller" aka "Retailer" aka "Brand Owner") At the principal location of Baldwin Hills Crenshaw Plaza 3650 W. Martin Luther King Jr. Blvd. Los Angeles, CA 90008.
WITNESSETH:
WHEREAS Seller sells a variety of products (the “Products”) on its website, social media platforms and various outlets (the “Website”). Store Owner would like to permit Seller to sell the Products to the store customers; WHEREAS the parties agree that the terms of the relationship between Seller and Store Owner shall be governed by this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter to set forth, Seller and Store Owner agree as follows:
1. Security Deposit. A $150.00 non-refundable security deposit it due immediately upon full execution of the contract (if a potential retailer receive the contract and return within 30 days of receipt security deposit will be waived.) The store is fully furnished, and this deposit is for the usage of all store items for your merchandise including hangers, 4-way racks, store shelving, tables, window displays, inventory shelves, mannequins, shelf pegs etc. Please note anything above and beyond what we provide in store will need to be provided by retailer. Please note all items brought in by the retailer must first be reviewed and approved before it is allowed in the store. The store has a primary black and white aesthetic so to keep everything cohesive we review to ensure these parameters are met.
Deposit can be made via Zelle using the following email address myblackbeautyboxbbb@gmail.com, via CashApp using $MrsCarter7, via Venmo using @Mercedes-Jenkins-Carter or via a square invoice. Please note a $5 processing fee will be added for all invoices. Please include company name in notes for proper recording.
2. Shelving Space Terms.
Plan A. Seller will agree to pay either a monthly $150.00 flat rate for product shelving space this rate is $200 for your own 4-way/expanded space options (only if they available) plus 4% payment processing fee
or
Plan B. Agree to pay a monthly $100.00 rate plus 15% product sales commission this commission is reduced to 10% when we have our support a business Saturday 20% off promotion and to 4% for any items sold from the sales rack.
** Another non permanent shelving plan (MY BBB Elevation/The Shop More Save More Keychain Plan) is available and may be implemented if it is found to be a better overall fit by MY B.B.B. and the brand owner.**
Payment for Plan A and Plan B will begin on the 1st and shall be received no later than the 3rd day of the month. A late fee of $25 will be assessed for any payment made after the 3rd of the month. Please note a prorated rent may be supplied if a retailer chooses to be placed on the shelves before the 1st of the next month. Payments for non permanent shelving plans are due upon sign up and will be auto deducted on a monthly basis.
Please note you are responsible for sending your rent payment via Zelle using the following email address myblackbeautyboxbbb@gmail.com by the 3rd of the month alternatively you are responsible for requesting an invoice if you do not have Zelle. Please note a $5 processing fee will be added to all invoices. For all Zelle payments please include company name in notes for proper recording. Alternate payment options are available i.e. Venmo and CashApp. If rent payments are consistently late MY BBB reserve the right to put your shelf rent payment on an auto debit plan.
3. Product Shipping/Product Shipping. The store is curated by brand and each respective brand have their own area/space. Seller is allowed to bring in the number of applicable products including variations that will fit in their given space. Seller may also provide products to restock their given space. Most but not all spaces are two 12” by 24” glass shelves next to each other. Seller can ship store products along with variation directly to the following address: MY BBB C/O Mercedes Jenkins-Carter 3818 Crenshaw Blvd #277 Los Angeles, CA 90008, alternately Seller can coordinate a drop off at the store please call Mercedes at 424-200-3971 to arrange. Please supply us with all tracking information including courier and tracking number and quantities so that we may track and verify on our end as well. If clarification on product limits is needed please reach out at 424-200-3971.
4.Product Pricing. All products received should be uploaded via our product upload form found here https://form.jotform.com/myblackbeautyboxbbb/InventoryPictureUpload. This form include prices of all items delivered as well as prices for any variations including color and sizes. Seller will set the price of their items within $2 of what the item is sold for on other selling platforms. For example, if a candle is sold for $10 on a seller website, they are not allowed to sell that candle for more than $12.00 in store. Please note we do charge California sales tax for all store sells and this is automatically computed at 9.5% when a customer checks out. To give customers an incentive to shop on Saturday we have a store sell. On these days customers will shop and enjoy a 20% discount on purchases from participating sellers. This promotion is only given to customers who purchased our Shop More Save More loyalty keychain or have a trial keychain in their possession. Please note sell reports for this promotion will reflect the discount in the payout.
5.Pricelist and Pictures. Seller must complete our inventory upload form every time inventory changes are made. We have a template we use for all products video instructions can be found here.
6. Returns/Claims Policy. Our store has adopted an exchange only policy. We encourage customers to buy from the same brand when they are exchanging items but if they buy from a different brand you may see a credit reflected on your payout.
7. Seller Payments/Payouts/Reports. Seller payments will be issued twice a month on the 15th of the month and the last day of the month. All payouts will include up to 3 payment reports (one for in store sales, one for online sales and one for delivery sales via our partnership with All N One Deliveries). Please note the online store and delivery aspect will only take place once the online platform is built. Please note If no sales have been made for a given period in one of the given categories no report will be sent. All reports will include inventory counts so seller can determine if any inventory should be replenished or adjusted. Payments are made either via CashApp, Venmo or Zelle. Please indicate below how you would like payment remitted at the end.
8. Mandatory in store work shifts. We are a community that all work together to ensure that the store runs successfully. In our duration of business we have noticed customers are more compelled to buy a particular brand products after speaking to the brand owner who has expert knowledge and testimonials that others do not for their respective brand. With that being said we REQUIRE all Sellers to dedicate and complete 2 work shifts a month in MY BBB. We currently have two shifts a day the morning shift which is from 9:45AM-3:15PM or evening shift which is from 3:00PM - closing. All morning and evening shifts are available Monday - Saturday the store is closed on Sundays. During work shifts retailers are permitted to take short breaks as necessary and to lock the door to use the restroom, go get food, etc. In exchange for completion of two successful work shifts Seller will receive half off of their shelf rent rate so for Plan A the seller will now pay $75 or $100 and for Plan B they will pay $50. The commission and payment processing rates are set and will not be reduced for work shifts. Sellers are required to come in and complete a one hour in store training before they can complete work shifts on their own. All shifts are picked up via homebase app. If a seller cannot complete a work shift they are scheduled for it is their responsibility to find another retailer to trade with to fill their space. They can reach out to the MY BBB team only if they are unable to find someone to fill in for their shift. We understand circumstances may occasionally arise to prevent you from being able to complete your 2 shifts a month should that happen for any reason you will be expected to pay the full price for the plan you selected. Please note you have a 7 minute grace period for your shift and any excessive tardiness or excessive failures to complete two shifts a month will result in potential termination of contract.
9. Retailer Optional Bonus Seller Benefits and Incentives. Sellers within the retail space will receive optional bonus seller benefits
BONUS SELLER BENEFITS:
Referral Fee If a Seller refers a brand that applies to the store is approved and remit their monthly rent fee by the outline time frame MY B.B.B. will pay that seller a $50 referral fee.
Instant Payout Seller has the option to request a sales report and payout at any time during the month. Please note any payouts issued outside of the normal pay cycle will be deducted on the regular scheduled payout.
In Store customer pick up. All retailers have the ability to use the store as a pick up location for item sold online or outside of the store. No commissions or fees are deducted from these sales.
Hosting Events/Workshops all retailer have the ability to use the store or its resources ie the community room at no cost. Please note tips/donations are however highly encouraged.
Three work shift incentive. All items in the store are covered by MY BBB insurance. A retailer is allowed to bring in additional items not in store for an additional $25. This fee is waived for anyone who completes 3 work shifts in a given month.
Seasonal In Store Vending (Saturdays Only). If seller is available they may sign up to vend in store on Saturdays only. Please note there is a $25 fee to set up to sell in store at these vending events. The only exception is if you add the store onto your current insurance policy (this applies to $50 plans or above) or if you are selling items we currently have in the store POS system. Proof of modification to coverage must be sent for mall and MY BBB records. For in store vending retailers will be provided 1 6ft table, 1 black table cloth and up to 2 chairs. Retailer is allowed to bring a table runner or a table cloth if it is black. Retailers may not bring a table cloth of another color. Please note the following is not allowed clothing racks, hat racks or any other stand alone equipment to display items. Only table top stands mannequins and display items or benches are permitted. NO EXCEPTIONS. If seller is unavailable this day they may pay $15 and we will have a MY BBB team member to set up and sell according to your guidelines. Please note this will be for in store items only. If you would like to have items not in store sold the price will be $40 ($15 for the person selling on your behalf and $25 for the items unless the above guidelines are met). If you have MY BBB selling items not in store on your behalf you have 1 full week to retrieve items from the store. Should you not retrieve your items we reserve the right to not sell any of your outside items on Saturdays unless you are physically at MY BBB to sell them yourself. Please note with shifts and vending is different so even if you complete three work shifts for vending you will still have to pay unless the store is added onto your insurance.
Support A Business Saturday. Support A business Saturday is a weekly promotion by the MY BBB which allow customers with our loyalty keychains to get 20% off on items from participating retailers. Support a business Saturday allow retailers to gauge different price points and allow customers to try new products at a reduced price. Our loyalty keychain is also a directory and allow customers to shop your online brand.
10. Termination. The Agreement may be terminated by either party at any time and for any reason. Upon termination of agreement all items from seller will be returned seller is responsible for all fees associated with sending back products. This includes supplies used, postage, insurance for the parcel, signature request fees as well as any other fees incurred. Seller will receive any payouts funds due prior to contract termination. Seller has a two week window to pick up or ship items from store back to themselves. Should they fail to retrieve items in this timeframe MY BBB reserve the right to discard them, give them away or to charge a storage fee of $50 a month for items not picked up.
11. Indemnity. Each party will defend, indemnify, save and hold harmless the other party, its officers, directors, agents, and employees from any and all third-party claims, demands, liabilities, judgments, damages, costs or expenses, including reasonable attorney’s fees (“Liabilities”), resulting from the indemnifying party’s breach of any material duty, representation, or warranty contained in this Agreement, except there shall be no obligation to indemnify, defend, save and hold harmless where Liabilities result from the gross negligence or knowing and willful misconduct of the other party.
12. Insurance. Store owner will maintain insurance policy covering the risk for any damages arising from theft and product damage within the store. Store owner is not responsible for allergic or adverse reactions customers have in relation to product use. Should a customers have an adverse reaction to a product the seller is 100% responsible for any ramifications that arise. While it is not required for retailers to carry insurance to be in the store My BBB highly suggest sellers get insurance to aid in litigation with adverse reactions for products.
SIGNING BELOW INDICATES THE BUSINESS AGREE TO THE TERMS LISTED IN THIS AGREEMENT. ANY UPDATES OR CHANGES IN THIS AGREEMENT WILL BE SUBMITTED IN WRITING. PLEASE NOTE ANY UPDATED AGREEMENTS WILL SUPERCEDE ANY PRIOR AGREEMENT IN PLACE.