Consignment Terms & Conditions
Last Updated October 2020
- These terms
1.1 What these terms cover. These are the terms and conditions on which you wish for us to receive, hold and sell your Goods on your behalf to our Retail Customers. They shall only apply if we receive the Goods from you together with a completed Consignment Service Form (“Service(s)”)
These terms shall only apply if we receive the Goods from you together with a completed Consignment Service Form.
These terms will be effective from the date listed on the Consignment Service Form, and until such point, the Goods shall be at your risk until you deliver them to us in good and saleable condition and as described in the Consignment Service Form.
1.2 Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss. You have twenty four (24) hours after we send you the Confirmation to notify us in writing of any discrepancies in the Goods as listed and/or any objections. If we do not receive any objections from you in writing, you will be deemed to have accepted the Confirmation which shall then be an exhibit to and form part of this Agreement.
- Information about us and how to contact us
2.1 Who we are. We are Crepslocker T/A Kensulate Corporation Ltd, a company registered in England and Wales. Our company registration number is 10450584 and our registered office is at Unit 1 Lower Hollin Bank Street, Blackburn, Lancashire, England, BB2 4AD.
2.2 How to contact us. You can contact us by telephoning our consumer Service team at +44 (0)333 011 6444 or by writing to us at [email protected]
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or the consignment service form completed by you.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
3.1 What Service we are providing. You wish for us to receive, hold and sell your Goods on your behalf to our Retail Customers in accordance with these terms and read in conjunction with the completed Consignment Service Form we receive from you.
3.2 What is our Consignment Charge. Our Consignment Charge is the commission due to us in return for the Services provided under these terms and condition, being such amount (as a percentage of the Listing Price) as is agreed between us.
3.3 What is the Consignment Service Form. The Consignment Service Form is the form we provide to you, to be completed by you detailing the Good(s) you wish for us to sell on your behalf.
3.4 Retail Customer. Where we are referring to our Retail Customers in these terms and conditions and any in any communication with you, we are referring to our consumer retail customers to whom we will sell the Goods.
3.4 What is the Listing Price. This is price of the Goods listed for sale by us as detailed in clause 7.
3.5 How to post the Goods to us. You may post the goods to us at Kensulate Corporation Ltd, Unit 1 Lower Hollin Bank Street, Blackburn, Lancashire, England, BB2 4AD.
3.6 How we will accept your Goods. We will assess the Goods in accordance with our authentication policy and we will inspect the Goods as soon as reasonably practicable after their delivery to us.
We are under no obligation to accept the Goods, nor are we obliged to carry out any Services under these terms, if it is deemed that the Goods do not meet the standards required by our authentication process.
Following inspection of the Goods, if we deem that the Goods meet the required standards, the Goods will be added to our inventory online on our website and we will store them in our warehouse. If we deem that the Goods do not meet such standards, we may dispose of them without our incurring any liability to you. In the alternative, we may post the Goods back to you at a cost of £25 per item to yourself, the return costs will cover our shipping, packaging and admin.
Crepslocker reserves the right to return any Goods to you if it later becomes apparent that the Goods do not meet the required standards. Our acceptance of your Goods will take place when [we write to you to accept it OR we tell you that we are able to provide you with the Services[, which we will also confirm in writing to you]], at which point a contract will come into existence between you and us.
It is agreed that the Goods shall remain your property unless and until we sell them to a Retail Customer and we receive payment in full for the Goods, at which time they shall become the property of the Retail Customer. None of the Goods shall at any time become the property of Crepslocker.
3.7 If we cannot accept your Goods. If we are unable to accept your Goods, we will inform you of this [in writing] and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Services.
- Providing the Services
4.1 When we will provide the Services. We will supply the Services to you from the date we accept the Goods until we have completed the Services. The estimated completion date for the Services is as told to you during the order process. We are not responsible for delays in completing the Services and will not be liable for delays caused.
4.2 What we agree to do. Provided that the Goods comply with the required standards of quality and our authentication policy, we agree to hold the Goods at your request and to sell them to our Retail Customers in accordance with these terms.
4.3 We will at our own cost and expense, store and display the Goods in retail stores, pop up stores, concessions and/or on our Website.
- Your rights to end the contract
5.1 You shall have the right to terminate the Services and request the return of the Goods at any time by providing us with written notice to [email protected] Upon receipt of your written notice, we shall use our reasonable endeavours to make all of the Goods in our possession (which remain unsold) available for collection by you within five (5) Business Days of receipt of such notice.
5.2 Should you request a return of the Goods within thirty (30) days of the date of the Consignment Service Form, we reserve the right to charge an administrative fee of £25 per item to cover our costs incurred when inspecting and storing the Goods.
5.3 We shall have the right to request collection of the Goods by you at any time using the contact details provided in the Consignment Service Form. If such a request is made, you must collect the Goods within thirty (30) days of the request. If you fail to collect the Goods within this period, we may sell the Goods at a reduced Listing Price and, upon a sale to a Retail Customer, we will transfer the net proceeds to you in accordance with these terms.
5.4 Should any notice be delivered to either party under this section, then the Services shall be deemed terminated.
- Our rights to end the contract
6.1 We may end the contract if you break it.
6.3 We may stop providing the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least five (5) business days in advance of our stopping the Services and will refund any sums you have paid in advance for Services which will not be provided.
- Listing Fee
7.1 The Listing Fee will be set out on the Consignment Service Form unless we have agreed another Listing Fee in writing. We take all reasonable care to ensure that the Listing Fee for the Goods advised to you are correct and we will use our reasonable endeavours to sell the Goods at the Listing Price agreed.
The Listing Price shall be determined with reference to the price suggested in the Consignment Service Form, but the Listing Price shall at all times be at our sole discretion.
- Consignment Fee and Sale of the Goods
- The Consignment Fee will constitute full payment by you to us for the obligations and Services under these consignment terms.
- The Consignment Fee shall become payable upon receipt by Crepslocker of the sale proceeds from the Retail Customer following the sale of the Goods.
- Upon sale of the Goods to a Retail Customer, we will send the sale proceeds of the Goods, less the Consignment Fee and any expenses (including but not limited to any PayPal or bank transfer fees) fifteen (15) days from the date at which the buyer of your item(s) receives the item. Should that buyer choose to return the item, the transfer of funds will be cancelled and the consignment period will re-continue, subject to the return of the goods complying with all of our terms & conditions. We will make any payment due to you by using the payment details provided by you in the Consignment Form.
- How we may use your personal information
9.1 How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the Services;
(b) process your payment for such Services; and
(c) if you agreed to this during the order process, to inform you about similar Services that we provide, but you may stop receiving these communications at any time by contacting us.
9.2 We will only give your personal information to [other] third parties where the law either requires or allows us to do so.
You shall indemnify, hold harmless, and defend us and our parents, officers, directors, partners, members, shareholders, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers (collectively, “Losses”), incurred by an Indemnified Party arising out of relating to, or resulting from any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons or investigation of any nature, civil, criminal, administrative, regulatory or other, whether at law, in equity or otherwise (collectively, “Claim”) of a third party: (i) relating to a breach of any representation, warranty or covenant made by you un this Agreement; (ii) alleging or relating to any act or omission by you in connection with the performance of your obligations under this Agreement; (iii) alleging or relating to any bodily injury, death of any person or damage to real or tangible personal property caused by your acts or omissions or (iv) relating to any failure by you to comply with any applicable laws.
10.1 Other important terms
11 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 5 business days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
11.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
11.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.