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Consignment Terms & Conditions
CONSIGNMENT TERMS & CONDITIONS
Hock Your Frocks
- Application:
- These terms and conditions govern the consignment, sale, and handling of Your items taken on a seasonal basis which You have delivered or propose to deliver to Hock Your Frocks (“Items”).
- Appointment of Hock Your Frocks:
- You appoint Hock Your Frocks as Your agent to sell Your Items. You authorise Hock Your Frocks to sell Your Items, in accordance with any instructions You may give Hock Your Frocks or otherwise subject to Hock Your Frocks’ discretion.
- Title and Risk:
- Title and risk to and in Your Items remain with You until title passes to the purchaser in accordance with the sale. Title to the Items does not at any time pass to Hock Your Frocks.
- You warrant to Hock Your Frocks that:
- You own and are authorised to sell the Items;
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Items are no more than 4 years old (Luxury vintage labels such as Chanel, Dior, Hermes being the exception).
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All items are pre-authenticated by You prior to consignment
- Items are not copies, fakes or replicas of luxury brands.
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Items have been checked by You and are in excellent condition i.e. no missing buttons, stains or pulls in fabric, signs of wear/damage.
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Items are freshly washed, pressed or dry cleaned, You undertake that underarms of garments are without smells or stains, skirt & dress linings, crotches of all pants are as fresh as a daisy. Shoes and handbags are wiped clean, inside & out.
- Hock Your Frocks reserves the right to refuse to act as Your agent if Items do not meet HYF standards for resale.
- Payment for Items, Commission and Costs:
- If Hock Your Frocks sells Your Items, Hock Your Frocks will issue an invoice to the purchaser as Your agent.
- Hock Your Frocks will pay the purchase price to You, less any amounts payable by You to Hock Your Frocks in accordance with the sale via direct bank deposit.
- The sale price of any Items not sold by Hock Your Frocks within 60 days after the appointment of Hock Your Frocks as Your agent may at the sole discretion of Hock Your Frocks be reduced by twenty percent (20%). You agree that Hock Your Frocks may in its sole discretion make further reductions in price of any Items at the end of the season.
- You are required to pay the following commission to Hock Your Frocks in consideration for Hock Your Frocks selling Your Items:
- unless otherwise agreed in writing, Hock Your Frocks’ standard rate of commission applicable at the date of sale 30% for items under A$999, 20% on items over A$1000 and 10% on items over A$5,000.
- Forward shipping from HYF is charged to the purchaser.
- Hock Your Frocks may in its sole discretion dispose of any Items held 7 days after the 60 day consignment period (unless You contact Hock Your Frocks requesting the return of the Items. Shipment of unsold Items will by paid by You).
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Monthly payments will be made to You via bank transfer for any Items sold in the previous month. Payments will be made on the 5th of the month.
- Termination of Hock Your Frocks’ Engagement:
- Either party may terminate Hock Your Frocks’ appointment as Your agent under these terms and conditions on seven days’ notice in writing to the other party.
- Termination of Hock Your Frocks’ appointment does not affect Your liability to pay any amount owed to Hock Your Frocks under these terms and conditions.
- You grant Hock Your Frocks a lien over Your Items until all outstanding costs, commissions and advances have been paid in full. If Hock Your Frocks’ appointment as Your agent is terminated before Your Items are sold, Hock Your Frocks is entitled to retain possession of Your Items until You have paid all amounts owing to it under these terms and conditions.
- You agree with Hock Your Frocks to make an appointment prior to collecting any unsold Items to ensure Hock Your Frocks can pack and check any Items ready for collection.
- GST:
- If GST is payable by a supplier on a supply made under these terms and conditions, then to the extent that the consideration is expressed as an amount of money (the monetary consideration) for that supply and is not stated to include an amount in respect of GST, the supplier may increase the monetary consideration by the applicable amount of GST and the recipient must pay that increased amount at the same time and to the same extent as any part of the monetary consideration that is payable to the supplier in respect of that supply.
- Words defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning when used in these terms and conditions in clauses concerning GST.
- Liability:
- You indemnify and keep indemnified Hock Your Frocks at all times against any liabilities, losses, damages, costs or expenses incurred or suffered by Hock Your Frocks and all actions, proceedings, claims or demands made against Hock Your Frocks relating to the quality or condition of Your Items or Your Items matching any description provided by You (or other person acting for You), other than to the extent caused by the wilful or negligent acts or omissions of Hock Your Frocks.
- To the extent permitted by law, Hock Your Frocks liability under these terms and conditions excludes all indirect or consequential losses or damages (including loss of profits, loss of contracts, loss of opportunity or loss of reputation), irrespective of how those losses were caused (including as a result of Hock Your Frocks’ negligence), even if such losses were reasonably foreseeable.
- Miscellaneous:
- These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales Australia and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
- If a provision of these terms and conditions is illegal or unenforceable, it will be severed from these terms and conditions and the remaining terms and conditions will continue in full force and effect.
- The waiver of a breach of these terms and conditions will not be a waiver of any other breach of that provision or the breach of any other provision.
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HYF lists items on Instagram, the HYF website and sells direct to the public by appointment from a private studio. Not all Items will be featured on the HYF website or Instagram.