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CONSIGNMENT
TABLES / CHAIRS / ARMCHAIRS ART      

 

1 – PROVENCE IN SANTA FE : "PROVENCE IN SANTA FE"is a registered trademark, the property of the "STOP LLC" Joint Stock Company IRS # 01-0851938. The phrase: " PROVENCE IN SANTA FE "
In the general terms herein" is only there to facilitate reading. Thier distribution and implementation are carried out under the sole responsibility of the companies and persons listed opposite and designated in the Following article by the generic name " PROVENCE IN SANTA FE ". For this reason, the " PROVENCE IN SANTA FE" joint stock company cannot be held responsible either for the contents or their application.
2 – DISPUTE RAISED : PROVENCE IN SANTA FE is not answerable for the quality or the operability of items in sells on behalf of its sellers, except in terms of the application of the provisions of Article . In the Event of a dispute raised by a buyer, only the consignee-seller is responsible.
3 – INFORMATION TECHNOLOGY : The information contained in the consignment contracts and on the sales invoiced are processed by information technology. In compliance with article of the Law relating to computerised data and liberty, both the seller and the buyer, depending on the case, have the right to access and modify thier personal data held in the files at the store's address. The seller or the Buyer can, through the intermediary of PROVENCE IN SANTA FE, be held to receive offers from other companies. In the event of objection, this should be notified in writing to PROVENCE IN SANTA FE's address.
4 – METHODS :              

4,1: The seller gives " and exclusive mandate " to PROVENCE IN SANTA FE to sell on its behalf' the item or items listed in the "Specific terms" throughout the entire duration of the consignment period and undertakes, In return, to pay to PROVENCE IN SANTA FE, when each item has been sold the amount of of commission and costs laid down within the said terms.

4,2: It authorises PROVENCE IN SANTA FE, under the latter's responsibility to entrust the sale of all or part of the items which are the subject of a consignment contract, to another company displaying the " PROVENCE IN SANTA FE " storefront.

4,3: The seller is prohibited for a period of two months counting from the signature of the consignment contract to intervene, in any manner whatsoever, either in the sale or withdrawal of all or part of the items entrusted unless it pays, sauf s'il in terms of damages, the amount of commission and costs which would have been due in the event that the item or items had been sold during this period.

4,4: PROVENCE IN SANTA FE reserves the right to select the items entrusted to it on consignment and to especially reject any items that are in obvious poor physical or operational condition, or which the provenance or owners identity is in doubt.
5 – DURATION :

5,1: The Consignment Contract is drawn up for an initial set period of two months.

5,2: This period can be renewed by tacit agreement for successive thirty day periods up to a maximum limit of one year. Nonetheless, for items for which the asking price is equal or less than the sum of  $30.00/tax inclusive, this time period is reduced to a maximum period of six months.

5,3: The seller is free, after the initial period of two months has expired, and during the renewal periods, to remove unsold items at any moment and without having to pay commission or costs to PROVENCE IN SANTA FE . If the seller fails to collect any unsold item ot items within the fifteen days following termination of the contract or on the expiry of the maximum one year or six months period cited in 5.2 of the terms herein PROVENCE IN SANTA FE . Can, after sending a simple notification to the Seller's address, either: • Deliver them to the Sellers address at its cost, • Destroy them without the PROVENCE IN SANTA FE being liable to any claim for compensation from the seller, • To freely dispose of or sell for profit on the understanding that any sums acquired from this sale will be, excluding commission, in terms of indemnity for the costs related to storage, insurance and documentation
6 – PRICE :
 
6,1: The initial selling price of items entrusted on consignment is decided by mutual agreement between the seller and PROVENCE IN SANTA FE .
6,2: The seller can lower the selling price of any item throughout the contract period. In addition, from expiry of the deadline cited in Article 5.1, PROVENCE IN SANTA FE can reduce by 10 % the initial selling price of each. Item, and by this same amount every thirty days up to the time the item is sold.

6,3: By agreement with the seller, a initial selling price can be set for the first two months incorporating a price bracket prix within which PROVENCE IN SANTA FE can freely offer in order to sell the consigned item. The two extremes of this price bracket will then be stated in the "initial unit selling price" column of the specific terms'.

6,4: On completion of the first two months counting from the date of consignment, the 10 % price reduction cited in Article 6.2 will be applied to the minimum end of the price bracket, and will determine the new selling price.
6,5: The commission, that is to say, the amount returned to the seller will be calculated on the actual selling price.
7 – PAYMENT :

7,1: At the end of each month, for all amounts over $15.00 net that are owing to the seller, a balance sheet will be sent listing all sales made on its account and the commission and costs due to the $1 for the period between the 16th of the previous month and the 15th of the current month. The balance of the amount for sales, less commission and cost deductions, will be sent to the seller's home address by cheque or paid by bank transfer to the designated bank. In both cases "a sales accounting sheet showing the net amount due" will be sent to the seller at the same time.
7,2: Amounts of less than $15.00 net due to the seller by $1 has to be collected by the seller.

8 – CONTRACT TERMINATION : PROVENCE IN SANTA FE reserves the right, after having notified the seller by registed and recorded delivery letter, to withdraw from sale and to hold avialable ir Deliver at the Sellers expense, any item which appear to it to have questionable provenance or displays a fault which had been volontarily indicated to PROVENCE IN SANTA FE, or not, during the drawing up of the Consignment contract andwhich as a result renders it innappropriate to sell underPROVENCE IN SANTA FE's quality terms. In such an event, the contract will be purely and simply cancelled.
9 – INSURANCE :

9,1: PROVENCE IN SANTA FE is covered by an insurance policy guaranteeing it against cilvil liability and fire and theft risks to the goods placed on consignment. In the event of a claim, and following appraisal by an insurance assessor, the seller will receive an amount for the consigned item equivelant to that had the item been sold on the day of the claim.

9,2: PROVENCE IN SANTA FE also undertakes to pay to the sellerthe amount due to it in the event of failure to pay by the buyer. In this case, PROVENCE IN SANTA FE is subrogated in the rights of the seller as to the recourse against the buyer as to the ownership of the unpaid items.
9,3: PROVENCE IN SANTA FE also undertakes to pay to the sellerthe amount due to it in the event of failure to pay by the buyer. In this case, PROVENCE IN SANTA FE is subrogated in the rights of the seller as to the recourse against the buyer as to the ownership of the unpaid items.
10 – HOME VALUATION AND COLLECTION/ CANCELLATION :

10,1: In the case of evaluation of the seller's item and /or signing a consignment contract at their home, the seller, as a private individual, has a legal 'cooling-off' period of 7 days after signing in which to cancel their consignment sale order.
10,2: Cancellation will only be accepted by registered and recorded delivery letter addressed to PROVENCE IN SANTA FE including the mentions shown in articles of the consumer laws or the enclosed cancellation form duly filled in. Failing express specification by the seller the cancellation will apply to all of the items shown in the cancelled consignation contract.
10,3: Any consignment of non-conforming items in the store will, within 48 hours of signing a consignation contract give rise to the payment of warehousing costs at a rate of $5.00 tax exclusive per day. GENERAL SALES TERMS DISPLAYED IN STORE !
11 – PAYMENT / PROPERTY RIGHTS :
11,1: Items are sold tax inclusive and on condition that they are taken away immediately by the buyer. Any return of dishonoured payments will lead to overrun payment being due to SWAP CITY of 1.5 times the legal interest rate in force and the payment of a flat rate indemnity of 10 % of the payable due under the terms of the penalty clause.
11,2: Articles sold remain the property of the seller or of PROVENCE IN SANTA FE by subrogation of the provisions of article 9.2 up until effective payment of the total price including principal and accessories. This provision does not stand as an obstacle to all risk of loss and deterioration of sold items being transferred to the buyer at the time of purchase.
12 – DELIVERY / ASSEMBLY : Unless otherwise expressly mentioned, consignment items are sold at the direct from store price, i.e. without pick-up fees, delivery, disassembly, assembly and Commissioning.
13 – FAILURE TO COLLECT : Failing express acceptance by PROVENCE IN SANTA FE that the item or items be picked up at a date ulterior to the day of sale, failure to collect will lead to the item being returned for sale in compliance with the terms of these 'General Terms '. The commission bracket and the fees in force will then be at the expense of the defaulting buyer.
14 – GUARANTEE : It is up to the buyer to have every second hand item checked and brought into compliance with safety standards before using it for the first time. As items are second hand, the only guarantee that can cover them - other than the legal guarantee applicable - is that of the manufacturer or importer, with the exception of electrical material, hand tools, household appliances, and hi-fi which is also, in the event of non-operation, money back guaranteed within 36 hours of purchase.
15 – SUBSCRIPTIONS / LICENCE / COMMISSIONING : Any buyer of a consignment item will undertake to deal with any subscriptions, licence rights, administrative formalities and accessory Expenses especially those for any upgrades or technical testing required for its operation or use (mobile telephone, software licence, decoder, etc…)
16 – GENERAL SALES TERMS PAYMENT / TRANSFER OF OWNERSHIP/ TRANSFER OF RISK : Items are sold tax inclusive and on condition that they are taken away immediately by the buyer. Any return of dishonoured payments will lead to overrun payment being due to PROVENCE IN SANTA FE of 1.5 times the legal interest rate in force and the payment of a flat rate indemnity of 10 % of the payable due under the terms of The penalty clause. Articles sold remain the property of the seller or of PROVENCE IN SANTA FE by subrogation of the provisions of article 9.2 up until effective payment of the total price including principal and accessories. This Provision does not stand as an obstacle to all risk of loss and deterioration of sold items being transferred to the buyer at the time of purchase.
DELIVERY / ASSEMBLY : Unless otherwise expressly mentioned, consignment items are sold at the direct from store price, i.e. without pick-up fees, delivery, disassembly, assembly and commissioning.
FAILURE TO COLLECT : Failing express acceptance by PROVENCE IN SANTA FE that the item or items be picked up at a date ulterior to the day of sale, failure to collect will lead to the item being returned for Sale in compliance with the terms of these 'General Terms '. The commission bracket and the fees in force will then be at the expense of the defaulting Buyer.
GUARANTEE : It is up to the buyer to have every second hand item checked and brought into compliance with safety hand, the only guarantee that can cover them - other than the legal guarantee applicable - is that of the manufacturer or importer, with the exception of electrical material, hand tools, household appliances, and hi-fi which is also, in the event of non-operation, money back guaranteed within 36 hours of purchase.
SUBSCRIPTION/LICENCE/COMMISSIONING : Any buyer of a consignment item will undertake to deal with any subscriptions, licence rights, administrative formalities and accessory expenses especially those for any upgrades or technical testing required for its operation or use (mobile telephone, software licence, decoder, etc…) COMMISSION BRACKET : To consult on each store display.
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