TERMS & CONDITIONS FOR CONSIGNMENT SALES
- Definitions and Interpretation
1.1 In these terms and conditions (“Terms”), “we”, “us”, “our” or “the Company” means Abbot’s Place Limited, registered in England & Wales under company registration number 11851956 with its registered office at 3 Brampton Road, St. Albans, and “you” and “your” means the person, firm or company providing the Goods.
1.2 The expression “the Goods” means shoes and associated paraphernalia, which may include boxes and/or accessories.
1.3 By making available the Goods to us, you agree to be bound by these Terms. No other terms are implied by trade, custom, practice or course of dealing.
1.4 We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Any delivery to us of Goods following the posting of any changes constitutes acceptance of those changes.
1.5 Your delivery of Goods to us is an offer, which offer will be deemed to be accepted by us issuing an email to you confirming that we will make the Goods available via our website, at which point the contract between you and us for the consignment sale of the Goods in accordance with these Terms shall come into existence (the “Contract”). We may provide a delivery confirmation email following receipt of the Goods, however such email shall not constitute our acceptance of your offer.
1.6 The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
1.7 These Terms shall be subject to such further special conditions as may be prescribed in writing by the Company. In the event of any conflict, or apparent conflict, between the special conditions and these Terms, the special conditions shall prevail.
1.8 These Terms supersede all previous consignment sale terms issued by us.
1.9 The Contract constitutes the entire agreement and understanding between you and us in relation to its subject matter, superseding any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us. Subject to condition 1.7, any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
1.10 All notices to be served under the Contract shall be served by first class pre-paid post at the registered office of the Company or at the address supplied by you (as applicable), or in the case of email, to the Company’s main email address or to the email address supplied by you (as applicable). Any notice shall be deemed to have been received:
1.10.1 if sent by first class pre-paid post, at 9.00 am on the second business day after posting; or
1.10.2 if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this condition 1.10.2, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
1.11 You must be aged 18 or older to enter into a Contract with us. If you are under the age of 18, please do not send Goods to us.
- Consignment Sales
2.1 If you would like to sell your Goods through us, we can attempt to sell them on your behalf, for which we take a commission on the proceeds of sale. This process is known as a consignment sale.
2.2 You will need to fill out a quotation form by entering the required information on the appropriate page on our website. Please provide us with details of the Goods (including any associated paraphernalia) such as their make and condition. This information must be as complete and accurate as possible, as any suggested listing price we give you will be based entirely on this information and any photos of the Goods that you supply to us.
2.3 Once the information has been uploaded onto our website, and you have agreed to comply with these Terms, we will aim to provide you with a response email within two working days. This response email will include:
2.3.1 a suggested listing price for the Goods;
2.3.2 the percentage commission we will charge if the Goods sell;
2.3.3 the approximate payment that you would receive if the Goods sell at the suggested listing price; and
2.3.4 the address to which the Goods should be sent.
2.4 You are under no obligation to accept any listing price that we suggest. Please contact us if you wish to discuss the proposed listing price.
2.5 If, following receipt of the response email and/or discussions regarding the proposed listing price, you decide you wish to proceed with the proposed consignment sale arrangement, you must arrange for your Goods to be posted or delivered to us at our registered office address or to the address provided in the response email (if different).
2.6 You must bear all costs of delivering the Goods to us. You will indemnify us in full for any taxes, expenses or other costs suffered or incurred by us due to your provision and/or our receipt of the Goods. Where the Goods are subsequently sold via our website, we will deduct such costs and expenses from any payment due to you. Where the Goods are not so sold, we will invoice you for such costs and expenses.
2.7 On receipt of the Goods, we will then arrange for them to be inspected.
2.8 If following inspection we determine that the Goods (including the condition of the Goods) are not exactly as described by you; and/or where other factors, that were not previously disclosed, have an impact on valuation, we may propose a reduced listing price or refuse to make the Goods available via our website. If you do not accept this reduced listing price, or if we refuse to make the Goods available via our website due to the factors described above, we will return the Goods to you at your cost.
2.9 You must remove or cancel any public sales listings for the Goods, should these exist, prior to providing us with the Goods.
2.10 Where we agree to list the Goods on our website we will clean and/or polish the Goods (if we consider it necessary in our sole opinion), photograph them and then list them on our website. We will handle any external enquiries from potential end buyers about the Goods.
2.11 You acknowledge that we make no representation or warranty regarding the likelihood of sale of the Goods, or the timeframe in which the Goods may be bought by an end buyer (if at all). You acknowledge that we are not under any obligation to promote your Goods on our website specifically or our business in general.
3.1 If you wish to cancel the Contract, and for us to return the Goods to you, you are required to provide us with written notice either by email (to firstname.lastname@example.org) or sent to our registered office address.
3.2 In all cases you will be liable for the costs incurred in returning the Goods to you. We require payment in advance of such costs prior to returning the Goods to you.
3.3 You may not cancel the Contract once the Goods have been purchased by an end buyer. Any notice of cancellation issued pursuant to condition 3.1 shall be of no effect if an end buyer has purchased the Goods prior to deemed receipt of such notice.
- Consignment Sale Fees
4.1 Our commission is calculated as a percentage of the actual sale price of the Goods exclusive of VAT and other sales taxes (where applicable) and charges for postage and packing. The commission percentage will be agreed between you and us before we agree to list your Goods on our website. Where no such agreement is reached, the commission percentage shall be 25%. We will charge VAT on our commission where applicable.
4.2 Notwithstanding the provisions of condition 4.1, the minimum amount of commission payable to us in relation to any consignment sale shall be £15 (fifteen pounds).
4.3 We will agree with you a listing price before we list your Goods on our website.
4.4 In certain circumstances, we will agree a price with an end buyer for the Goods that is lower than the agreed listing price without your prior consent, but only on the basis that the shortfall is entirely met out of the commission payable to us on the sale of the Goods.
4.5 If the Goods do not sell after 30 days, we may email you with a suggested price decrease. It is at your discretion whether to accept the suggested price decrease. If the Goods do not sell after 60 days, we may email you with a further suggested price decrease. It is at your discretion whether to accept the suggested price decrease.
4.6 If you are outside the UK, you may have to pay export duties or other charges, levied by national authorities or otherwise, when you send the Goods from the country in which you are based. These duties and charges are entirely your responsibility.
4.7 We may, in addition to the listing price of the Goods, charge the end buyer for the cost of postage and packing in relation to the delivery of the Goods to them. The Company shall set such postage and packing charges in our sole discretion. You shall not be entitled to receive any proportion of such charges.
- Sale by Consignment
5.1 For the avoidance of doubt, at the point an end buyer purchases the Goods via our website, a contract for such sale is formed between you and the end buyer. We are not a party to such contract.
5.2 By entering into the Contract and agreeing a listing price you are authorising us to act as your agent and enter into a binding contract with the end buyer of the Goods on your behalf.
5.3 Where an end buyer purchases the Goods via our website, we will collect payment from the end buyer and dispatch the Goods to them.
5.4 A sale of the Goods made via our website may be cancelled by notice served on us by the end buyer at any time until the expiry of the 14 day “cooling off” period that begins on the day after the end buyer has received the Goods (or the last of the Goods if the Goods are to be delivered over different days). Provided that the end buyer does not give notice to return the Goods (or any part thereof) before the expiry of the “cooling off” period, then we will account to you for the net proceeds of sale of the Goods following the deduction of applicable taxes, our commission (together with any applicable VAT) and any outstanding sum owed to us by you, including but not limited to import duty or other sums to which we are entitled in accordance with these Terms or as agreed between us.
5.5 We accept no liability in the event that we accidentally offer the Goods at a price in excess of or lower than the agreed listing price. We will endeavor to rectify any such errors as soon as reasonably possible after we become aware of such errors.
5.6 Where we accidentally agree the sale of the Goods to an end buyer at a price that is lower than the agreed listing price, we will make up the shortfall to you between the net proceeds of sale actually accrued and the net proceeds of sale which would have been due to you had the Goods been sold at the agreed listing price (where net proceeds of sale shall in both cases be calculated in accordance with the provisions of condition 5.4).
- Sale Procedure
6.1 Once we have agreed the listing price, we will list your Goods on our website.
6.2 We reserve the right to remove your Goods from our website at any time and to notify you to this effect as soon as reasonably practicable, if in our sole opinion such action is necessary.
6.3 If an offer is made for the Goods below the agreed listing price, we will contact you for your instructions in relation to the offer.
6.4 Where cancellation by the end buyer occurs during the 14 day “cooling off” period, we cannot accept any liability for any delay by the end buyer in returning the Goods to us. Once received, we will discuss with you whether the Goods should be re-listed or returned to you (at your cost).
6.5 Where a defect is found in the Goods after the 14 day “cooling off” period has ended, this will not affect any payment due to you. We may at our discretion refund the end buyer and accept the return of the Goods, at which point the Goods shall become the property of the Company, and the Company shall be free to offer them for sale or otherwise dispose of them however it sees fit.
6.6 In addition to advertising the shoes for sale on our website, or other carefully selected websites, we reserve the right to store and display the Goods at any of our premises or display them for sale at select events without notice to you.
- Pricing and Methods of Payment
7.1 All prices and payments are in Pounds Sterling. If we make a payment to you, this will be paid in Pounds Sterling unless otherwise agreed in writing.
7.2 Where cancellation by the end buyer does not occur during the 14 day “cooling off” period, we will transfer the proceeds of sale of the Goods, less monies due to us, to the bank account or PayPal account nominated by you within 5 working days after the 14 day “cooling off” period has ended.
7.3 You are responsible for ensuring we have the correct bank account details or PayPal account details and providing them to us promptly when requested.
7.4 We accept no liability if you provide us with incorrect bank account or PayPal account information.
7.5 We reserve the right to arrange payment by another payment method where this is reasonable in the circumstances. We accept no liability for unavoidable delays to payment.
7.6 If we discover that the Goods supplied by you are counterfeit, stolen, lost or damaged or not fully-owned by you, or that you are or may be in breach of any of your warranties to us or your obligations under the Contract, we have the right to cancel the consignment sale and/or the Contract without liability to you. In this event, payment will not fall due and you must refund to us any sums paid to you, within 7 days of receipt of notice from us. Where we suspect any breach of law by you (including but not limited to fraud and/or theft) we will promptly disclose such suspicions to the relevant law enforcement agencies.
8.1 Goods must be delivered to us to an address previously agreed in writing.
8.2 If you decide not to proceed once we have inspected your Goods pursuant to condition 2.7 and given you our recommended listing price, we will return your Goods to you at your expense. If you have breached any of your warranties hereunder or your obligations to us, we will send the Goods back to you, but only once you have reimbursed us for our associated costs including the cost of returning the Goods to you.
8.3 We will endeavor to notify you of the safe receipt of your Goods, within 48 hours of them arriving at our office.
- Risk and Title
9.1 Risk (of loss or damage) remains with you until such time as the Goods have been successfully delivered to the end buyer.
9.2 Ownership of the Goods will pass from you to the end buyer once we have received payment in full from the end buyer.
- Warranties from You
10.1 You must ensure that the Goods correspond to their description, are of satisfactory quality and fit for purpose (within the meaning of the Consumer Rights Act 2015), as explicitly or implicitly held out by you, and that to the best of your knowledge and belief they are free from any defects in design, material or workmanship.
10.2 You warrant that all information that you have provided to us is true, accurate and complete.
10.3 You warrant that you haven’t omitted or concealed any fact concerning the provenance, identity, history, quality, authenticity or legal status of the Goods that might be regarded by us or an end buyer as material.
10.4 You warrant that the Goods are yours to sell, and you are entitled to do so free from any charge, lien or adverse claim, or hire, hire purchase commitment or any other form of financial arrangement.
10.5 You warrant that the Goods have no unreported physical defects, nor have they been altered or tampered with.
10.6 You warrant that the Goods and all accompanying documentation are original and genuine.
- Remedies available to us
11.1 In the event of any suspected or actual breach by you of the warranties set out in condition 10 above, we will have the right to reject the Goods and cancel the Contract, require you to provide a full refund of any sums paid to you, require you to repay any costs incurred by us in obtaining substitute items from a third party and to pursue all other remedies afforded by law.
11.2 We shall have a lien over the Goods, in order to secure payment by you, of any and all sums due, under any contract between us.
- Limitations of our Liability
12.1 Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable), for fraud or fraudulent misrepresentation, or for any matter in respect of which it would be unlawful to exclude or restrict liability.
12.2 Subject to condition 12.1 above, we shall not be liable for any loss of profit, loss of goodwill, loss of business, loss of business opportunity, loss of anticipated saving, loss or corruption of data or information, special, consequential or indirect loss suffered by you or by any third party in relation to the Contract and you shall indemnify us in respect of any claim of any person in respect of such consequential or indirect loss.
12.3 Subject to condition 12.1 and condition 12.2 above, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed a sum equivalent to the listing price of the Goods (or the lowest listing price if more than one) plus 10%.
12.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control.
12.5 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, acts of local or central government or other competent authorities, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, collapse of buildings, accident, interruption or failure of utility services, interruption or failure of our website or IT system, or delays/non-performance caused by third parties including manufacturers, finance providers, the Royal Mail, Fedex or DHL.
12.6 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract: (i) we will contact you as soon as reasonably possible to notify you of the event; and (ii) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our return of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.7 If we have reasonable grounds to suspect a fraudulent payment, whether by debit or credit card, we will neither dispatch any Goods, nor carry out any refunds, until authorised to do so by the relevant authorities.