COURT ORDER PTY LTD – 2018 / 428110 / 07
CONSIGNMENT TERMS & CONDITIONS
These terms and conditions will, unless and until superseded by another agreement signed by the parties, be applicable to all sneakers, streetwear and accessories (collectively, the “Goods”) delivered by the Consignor named above (“you”) to, and accepted by Court Order Pty Ltd (“we”, “us” or “our”) for sale on consignment at any of our locations, online, or through any of our other channels. These terms and conditions constitute a legally binding agreement between you and us.
DELIVERY OF GOODS; RISK OF LOSS; INSURANCE
We accept the goods from you on a consignment basis only. All risk of loss or damage of the goods will pass to us when the goods are in our physical possession. You retain all risk of loss or damage to the goods while the goods are in transit to us. Should the goods be damaged or lost whilst in our physical possession, we will compensate you to the net value of the product, being the amount you would’ve received should the goods have been sold at the full price less our commission.
ACCEPTANCE OF GOODS; CONDITION OF ITEMS; AUTHENTICATION
We accept brand new or lightly used goods that we deem sellable. Upon receipt, we will thoroughly evaluate the goods to determine the authenticity and condition. We will levy a cleaning charge of R60.00 per pair of used sneakers and R100.00 per used item of streetwear. Used sneakers and accessories will be cleaned in-house using our laundry service. Used streetwear will be dry cleaned only through our approved partners.Condition issues may affect the value of the item. Items of goods that do not meet our standards will not be accepted. We do not accept counterfeit items for consignment. In the event that we believe an item to be counterfeit, we reserve the right to refuse consigning such items.
The consignment period for an item of goods shall begin on the date the goods are consigned in-store for the duration of 30 days. The consignment period is not limited to 30 days and the goods may remain on consignment for as long as required to sell or at the consignor’s discretion. If the goods are uplifted within 30 days, we reserve the right to levy a processing fee of R200 per item. Once the term has passed the goods may be collected at any time at the consignors discretion. See ‘Return of goods’
EFFORTS TO SELL; INTER-BRANCH TRANSFERS; PRICING
Upon acceptance of the goods, we will display them for sale in-store, online and across all of our digital platforms. We will make all reasonable efforts to sell the goods. We reserve the right to designate the product category applicable to the goods. We reserve the right to transfer products between our branches in our effort to sell each product.
Products will be transferred should their be interest in such a product by our customers. Products will also be transferred should we deem the product to better suit differing customer profiles between branches. The cost of transfers, or the cost to return a product in the event that you would like to withdraw the product will always be at the cost of Court Order Pty Ltd and not the consignor.
You retain the right to set the selling price although we will advise and discuss a suitable market-related price.
In the event of receiving an offer below the asking of your product, we will notify you of any offers and the resulting net price or payout to you, with the acceptance or rejection of any such offers entirely up to your discretion.
TITLE TO GOODS
Title to and ownership in the goods remains with you until a goods Sale, as defined below. A “Goods Sale” shall be deemed to have occurred if an item of goods are:
- Sold by us
- Lost or stolen from our possession; or
- Damaged or destroyed whilst in our possession.
PAYMENT AND COMMISSIONS
On the sale of any item, you will receive a payment of the sale price of your goods less the applicable commission less payment processing fee (2.5%)
SNEAKERS, BRAND NEW 15%
SNEAKERS, PRE OWNED 20%
STREETWEAR, BRAND NEW 20%
STREETWEAR, PRE OWNED 25%
ACCESSORIES, BRAND NEW 25%
ACCESSORIES, BRAND NEW 30%
Calculated as : SALE PRICE – COMMISSION – PAYMENT PROC FEE (2.5%)
This amount shall be your sole compensation under this agreement. Sales and payouts are processed on a weekly basis with the payments made ELECTRONICALLY ONLY, every Tuesday. Once your goods are sold, you will be informed of the sale and your respective payout date. Our reporting week is from Monday to Saturday as below. All sales between Monday and Saturday will be processed the next Tuesday.
RETURN OF GOODS
Return of goods prior to the end of the consignment period (30 days) will attract a withdrawal fee of R200.00 per item applicable. Return of goods after the expiry of the consignment period shall attract no charge.
You shall not be entitled to retrieve your goods until payment of all withdrawal fees, as well as other pre-existing commitments to Court Order Pty Ltd.
The cost to return a product, should it have been transferred to another branch, will be at the cost of Court Order Pty Ltd and not the consignor.
In addition to the 30-day expiration referred to above, either party may terminate this agreement at any time, for any reason. Termination shall be effective when either party serves written notice thereof on the other party. Costs listed above under “Return of Goods” will apply.
REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
You hereby warrant that you have good and marketable title to each item of goods, none of which is subject to any liens or other encumbrances, and further represents and warrants that the goods does not infringe upon or violate any trademark, copyright, or other proprietary right of any third party, any law, or any administrative regulation. You hereby agree to indemnify and hold us harmless from all damages, suits, litigation, awards, and costs that have been incurred or raised by your goods.
This agreement shall be governed as to validity, interpretation, construction, effect, and in all other respects by the laws and decisions of the Republic of South Africa, without regards to its conflict-of- law provisions. The parties hereby irrevocably consent to the jurisdiction of the courts of Cape Town, South Africa, with respect to any matter arising under this agreement.
NO IMPLIED WAIVER
Either party’s failure to insist, in any one or more instances, on strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
If one or more of the provisions of this Agreement shall be declared or held to be invalid, illegal, or unenforceable in any respect in any jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Any such declaration or holding shall not invalidate or render unenforceable such provision in any other jurisdiction.
Headings used in this agreement are provided for convenience only and shall not be used to construe meaning or intent. By completing this form you accept Court Orders’ terms of conditions of consignment. Please not that this is a legally binding agreement made for the protection of both parties.
I understand and accept the Terms and Conditions set forth in this agreement.