Consignment terms

RESALE OF GOODS
1. You agree to supply the Goods as described in the Order Form to us for us to sell to our customers.
2. You are the legal owner of the Goods and the Goods shall remain your property until such time as they are sold by Presented By.
3. You grant us the exclusive right to display and sell the Goods at our Store and we agree to try to sell your Goods to our customers.
4. We may offer the Goods for sale in such manner as we think appropriate including by means of display in the Store. We will endeavour to use reasonable care in the handling, display and storage of your Goods, using not less than the same degree of care which we utilise with respect to our own goods of a similar nature.
5. We shall try to sell the Goods at the Target Price (inclusive of VAT).
6. You allow us to sell the Goods to a customer where the customer utilises an interest free credit facility that will be provided by Shawbrook Bank Limited. Undercover Brothers Ltd is authorised and regulated by the Financial Conduct Authority in relation to credit broking.
7. We agree that, where we sell the Goods, all sale proceeds, less VAT and Commission, will be notified to you within 3 working days of the sale.
8. We will forward the sale proceeds, less VAT and Commission, to you 15 days after the sale of the Goods via transfer to a bank account, the details of which the seller will provide.
9. From time to time, customers may make claims or seek adjustments in respect of defects or other claimed deficiencies with Goods that we sell. We reserve the right, in our good faith judgement, to make allowances and/or accept returns of Goods, and in such circumstances, such allowances or returns will be treated as an adjustment to the sale proceeds, less VAT and Commission, for purposes of calculating our respective shares of the net sale proceeds.
10. If you ask us to, via e-mail delivered to info@presentedby.com, you may collect any unsold Goods from us after 30 days from the date of this agreement. You must collect the Goods from the Store during normal business hours, and you must present a copy of the signed Order Form and a driver’s licence or other satisfactory picture identification. The Goods will be returned in the same or similar condition, unless this is impossible due to shopper damage or theft. In such circumstances refer to clause 18.
11. We may, at our discretion, decide to withdraw unsold Goods from sale and terminate this agreement at any time after 30 days from the date of this agreement. We will notify you of this via the email address you provided to us. Any Goods which are not collected by you within 60 days of us notifying you to collect your Goods or where you have told us you no longer wish us to sell your Goods in accordance with clause 12, shall be deemed to be abandoned goods (“Abandoned Goods”) and we shall be free to dispose of these Goods as we see fit. Abandoned Goods shall become our property and we shall have no further liability or responsibility to you for such Abandoned Goods.

LIABILITY
12. If Goods are lost or stolen or damaged at our Store by causes beyond our reasonable control then an amount equal to that claimed from our insurance policy will be forwarded to you within 5 working days of receipt of funds by us from our insurers. We make no assurance that our insurance will provide coverage for the Goods or the amount which any insurer may pay in respect of any casualty relating to the Goods. If Goods are damaged at our Store by causes within our control we will contact you within 3 working days of such occurrence and forward any compensation agreed between ourselves within 15 days of such occurrence.
13. Risk in the Goods passes to us upon the later of when the Goods are delivered to the Store by you or when both you and us sign this agreement.
14. Title to the Goods shall not pass to us until we resell the Goods to a customer, in which case title to those Goods passes to us immediately before that sale.
15. Subject to clause 23, if either of us fails to comply with this agreement, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are an obvious result of the failure to comply with this agreement, or which both you and us knew might occur as a result of a failure to comply at the time at which both you and we entered into this agreement.

TERMINATION
16. This agreement shall continue for as long as it takes us to resell the Goods unless terminated earlier by either you or us in accordance with clauses 17, 26 and 27.
17. This agreement can be terminated by either you or us at any time after 30 days from the date of delivery of the Goods to the Store. On termination of this agreement you shall promptly collect any unsold Goods in our possession from the Store. Any such unsold Goods which are not collected within 60 days of termination shall become Abandoned Goods in accordance with clause 17.
18. We may terminate this agreement at any time upon written notice should we become aware that any information provided by you is false and/or that you are not the owner of the Goods and/or that the Goods you have supplied are counterfeit or not as described in the Order Form. You shall reimburse us for any losses, costs and damages we suffer if you fail to comply with this clause.

COMPLAINTS
19. We want you to be happy with your experience with us. If you are unhappy with any aspect of your experience, please contact our Store and they will be able to help. If they fail to resolve the problem to your satisfaction and you would like to speak to somebody else about it, please email our Customer Service Department at info@presentedby.com. We will send an acknowledgement of the matter with 5 working days of becoming aware of it.
20. You may obtain information about your legal rights by contacting your local Citizen’s Advice Bureau.