This Consignment Agreement (the “Agreement”) states the terms and conditions that govern the contractual agreement between you, (the Consignor) and Velani Boutique (Consignee) located at Mossel Bay, South Africa. Who agree to be bound by this agreement.
WHEREAS, the Consignor owns right and title to the items within the boxes described by the tracking numbers on the submitted consignment submission form (the “Consigned Items”), and the Consignee desires to take possession of the Consigned Items with the intention of selling it to a third party.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Consignor and the Consignee (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
RIGHT TO CATALOGUE ITEMS. The Consignor hereby grants the right for the Consignee to open, inspect, catalogue items contained with the sent box(s). This catalogue shall represent the sole list of items that the Consigness has possession of. The Consignee holds no liability for items that do not appear on this catalogue list for whatsoever reason.
RIGHT TO ACCEPT / REJECT ITEMS. The Consignor hereby grants the Consignee the sole right to accept or reject items to sell on Velanie Boutique. Consignor will determine what to do with rejected items (either return to Consignor at Consignors cost, or donate to charity) at time of consignment submission.
RIGHT TO SELL. The Consignor hereby grants to the Consignee the exclusive right to display and sell the accepted consigned Items according to the terms and conditions of this Agreement.
PRICE. The sales price of the Consigned Items shall be determined solely by the Consignee after expert considerations by the Consignee retail team. The Consigness can adjust the sales price at any time (e.g. in relation to demand, specials, discounts etc.) without prior notice or consultation with the Consignor.
CONSIGNMENT FEE. The Consignee shall be entitled to 25 percent of the full purchase price of a Consigned Item (the “Consignment Fee”).
Within 14 of days from the sale of the Consigned Items, the Consignee shall deliver to the Consignor the sale price of the Consigned Items less the Consignment Fee.
INSURANCE. The Consignee represents and warrants that the Consignee shall maintain insurance coverage sufficient to compensate the Consignor for the fair market value of the Consigned Items in the event of damage due to fire, post-delivery theft, or otherwise.
LOCATION OF ITEMS. The Consignee agrees and acknowledges that the Consigned Items shall only be kept and stored at Mossel Bay, South Africa unless otherwise agreed upon by the Consignor in writing.
RETURN OF UNSOLD ITEMS. In the event that Consigned Items are not sold within 6 months of delivery date, the Consignor can have all remaining items returned to via PAXI them with all delivery costs borne by the Consignee. At any time following delivery date the Consignee can return consigned items with delivery costs
CONSIGNOR REPRESENTATION. The Consignor hereby represents and warrants that the Consignor holds full title (or has received, in writing, the authorization to sell the Consigned Items by any necessary parties) to the Consigned Items.
EXPENSES. The Consignee shall bear all expenses for shipping the Consigned Items.
NO MODIFICATION UNLESS IN WRITING. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
APPLICABLE LAW. This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the Republic of South Africa and subject to the exclusive jurisdiction of the municipal court of Mossel Bay