General conditions for consignment – DOWNTOWN UPTOWN (Genève)
Updated December 2021
Please note, this type of contract is binding upon signature under Swiss law. There is no right to revocation period.
The client either makes an appointment to bring items to the boutique or we can visit the client for a fee to pick up items. Fees are indicated here: https://www.downtownuptowngeneve.com/consign/
1. The client presents an ID and leaves in DOWNTOWN UPTOWN, a lot of bags / clothing / shoes / accessories as listed on the contract. DOWNTOWN UPTOWN reserves the right to take a copy of the ID.
2. Articles are selected by DOWNTOWN UPTOWN. Items must be genuine. All counterfeit articles will be refused. Should the counterfeit be discovered after the contract signature, the item may be confiscated by police and DOWNTOWN UPTOWN is not required to compensate the client. The client confirms that to their knowledge, there is no indication that the goods have been obtained by means of an offense against property, especially during a conflict, or theft.
Items must be in excellent condition and clean. Clothing must be pressed and brought on hangers.The shoes in original bags / boxes, if not, in individual bags. We have the right to refuse any items that do not comply with the above conditions or that have already been sold second-hand or that are currently being sold elsewhere/ on an online platform / social media group or that are not the original property of the client.
3. Any cleaning/ironing and repair costs of the items offered are either borne by the client, or deducted from the benefit of sale of items of the client. The cleaning fees are indicated on the contract and are reduced from the commission of the client. Should no items be sold, the client bears the cost of repair/cleaning of the items and is to pay this amount to DOWNTOWN UPTOWN.
4a.This contract is exclusive, hence the client may not sell the items privately, nor in another store nor on an online platform/social media group during the term of the contract. Should the client have the item advertised or for sale elsewhere during the term of the contract, DOWNTOWN UPTOWN reserves the right to adjust the price of the item in the boutique to the same advertised price (including taxes) and thus adjust the client’s commission accordingly, following the % commission agreed to upon signature of the contract. Should the client violate the contract, DOWNTOWN UPTOWN reserves the right to remove the items from sale with no compensation due to the client. See also Article 8 and 9.
DURATION OF CONTRACT
4b. The items are placed on consignment for a minimum period of 2 months or on an open contract (the items stay with us until sold). For open contracts, DOWNTOWN UPTOWN keeps the items on sale until sold and the client has the right to return of the items after 2 months of signature of the contract or, after this date, with 1 month notice in writing. Items requested to be returned outside of these conditions will incur a fee (see Article 9).
5a. DOWNTOWN UPTOWN, in agreement with the client, shall fix the desired benefit for the client (client’s commission), from sale for each of the items during the contract period. This is marked on the contract. On the contract, the client’s commission is indicated for the first half of the contract (period A) and the second half of the contract (period B) at a reduced benefit (-10%), from the contract signature. DOWNTOWN UPTOWN will add their commission (between 15% and 40% on a sliding scale calculated by our system, depending on the value of the article) to the contract price of the item and add tax on each item (paid by the buyer) to give the selling price in the boutique.
5b. If the contract has a fixed time with an expiry date, at the expiry of the contract, DOWNTOWN UPTOWN may extend the contract upon agreement with the client. If this is the case, a new contract expiry date will be fixed or the contract converted to “open”, and the articles either i) remain at period B commission or ii) a new, lower commission is agreed and indicated.
6. DOWNTOWN UPTOWN undertakes sale of the item on behalf of the client in the shop, where items are displayed, and may also – at their discretion – place items on the shop online: www.downtownuptowngeneve.com & on our facebook, instagram, twitter, pinterest, google and other associated social media or internet pages. If the items are also placed in the shop online, DOWNTOWN UPTOWN reserves the right to add bank charges & shipping costs for each item – which are paid by the buyer (calculated by value/weight).
Items are also sold with our partner platforms online, both locally and internationally. These platforms reserve the right to add a commission to the selling price given by DOWNTOWN UPTOWN. The client’s commission is NOT affected. Should the client not wish us to sell their items on international platforms (which have the right of return, see Article 7), the client must inform us.
COLLECTION OF COMMISSION
7. For the sale of each item, the benefit corresponding to the sale period will be available to the client by bank transfer or cash,
i) at the expiration of the contract, dependent on where and how sold;
ii) each 2-3 months for open contracts.;
iii) Payment is dependent also :
a) when sold by installments (up to 3 months), upon completion by the buyer of the installment payments;
b) when sold with our international partners, or in the EU, upon expiration of the return period for items sold in the EU (14 days after delivery time) ;
c) after the payment period of confirmed sales to DOWNTOWN UPTOWN by our partner platforms,
thus there can be a delay up to 2-3 months for payment.
8 a) For fixed contracts, the client has one week after the contract expiry date to recover unsold items. Beyond this period, DOWNTOWN UPTOWN reserves the right to dispose of the unrecovered merchandise and the client can not claim any compensation. It is the client’s responsibility to take note of the expiry date of the contract and make an appointment at the shop to collect unsold items within one week of the contract expiry.
b) for open contracts, items remain with DOWNTOWN UPTOWN until sold or until the client notifies (after 2 months from signature) the desire for return of items – see also Article 9 and 4.
9. If the client wants to recover some or all articles submitted before the end of the contract, or without the required written notification period of one month, they must pay administration fees (for marketing, advertising, overheads etc) amounting to a minimum of 30chf and a maximum of 20% of the period A contract price for each item, whichever is higher.
10. According to Swiss law, the client must collect the benefit from sales of items within 365 days. After this time, the full benefit from the sale goes to DOWNTOWN UPTOWN.
11. DOWNTOWN UPTOWN Sàrl takes all reasonable care of the items whilst on contract. We however are not responsible for minor damage or wear caused by clients trying on articles.
12. Exposition for sale, uploading to our website and advertising of items on the contract is at DOWNTOWN UPTOWN Sàrl’s discretion and decision. The client has no right to demand exposition, uploads or advertising for their article/s, nor on the number of times an article may displayed, during the term of the contract, in shop windows, social media, the internet, paid advertising or other.