The Real Real accepted but sold my stuff without offer or notification; damaged merchandise, won't return Newport Beach California

My wife and I have trusted The Real Real to accept our luxury brand Celine purse and Jovani dress and contact us for an acceptale consignment price after a full inspection.  Both items were provided in near perfect condition - the dress was unworn with tags, and the purse was new without any wear.  The Real Real has made two critical errors which appear to be outright fraud:

(1) They damaged the dress while in their possession during inspection and it is obvious by the photos that we took prior to shipping it... and they returned it to us damaged while denying acceptance of the dress for sale.  We then returned it to them to inspect the damage, now they will not communicate, nor compensate for the damage or purchase the dress as per their written terms.  They are not taking responsibility for their actions, thus we are preparing a formal written Demand Letter, and if necessary, a Small Claims Lawsuit.

(2) They accepted our designer purse but did not communicate with us any offer or price at which to sell, and then sold it fairly quickly but returned us a check for much less than we were willing to accept had they communicated an offer for the amount tendered.  They simply sold for a price they needed, then returned to us the remainder.

Be very, very wary of dealing with this company and make certain you have a local store put in writing your own terms if you trust them to take in your merchandise, otherwise, per your account terms and conditions with them (online, which you agree to), you are basically giving away all of your rights to be communicated with and they can sell your merchandise for whatever they want, and pay you 55% of whatever they accept from a consumer. 

There is no proof, accountability or receipt showing you what they charged - you are forced to accept what they claim they sold it for.  THIS IS NOT FAIR PRACTICE and it amounts to straightforward abuse of people who wish to enter into a fair consignment agreement.  It may qualify as illegal as Conversion and Unjust Enrichment under State and Local Fraud Statutes.