Consigner Terms and Conditions

Terms and Conditions for Consignment Sales

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

BY SIGNING A CONSIGNMENT AGREEMENT, YOU AGREE THAT THESE TERMS WILL APPLY BETWEEN YOU AND US.

1. ABOUT US AND YOU

1.1 We are Rehaus Furniture Limited, a seller of vintage designer furniture. We are a limited company registered in England and Wales under company number 12490692, and our registered office is at 4th Floor, 100 Fenchurch Street, London EC3M 5JD.. We will refer to ourselves in these terms and conditions as “Rehaus” or as “we” (and through related words such as “us” and “our”). 

1.2 You are the Owner (either an individual or a business) of furniture that you wish either to sell through our consignment programme or for us to collect and recycle. We will refer to you as “you” (and through related words such as “your”). 

2. ABOUT THESE TERMS

2.1. When these terms are used. These terms cover two situations: 

2.1.1. you wish to sell furniture. We will attempt to find a buyer who wishes to purchase the furniture, and if we find a buyer willing to pay the right price, Rehaus will purchase the furniture from you immediately prior to onward sale by us to the buyer. You choose how you want to receive payment from us, as set out in more detail in clause 4.15; 

2.1.2. you are purchasing an item from us subject to our terms and conditions of sale, we are collecting a separate item from you as part of that process, and we believe the collected item could be sold. 

Note: These terms do not cover the purchase of items from us. In that situation you would be subject to our terms and conditions of sale.

2.2 Definitions.  Definitions used in these terms are as follows: 

2.3. What these terms cover. These terms tell you who we are, how you can sell your furniture through our consignment programme, and the calculation of payment to you. 

2.4. IMPORTANT – LOCATION. Please note that we only collect furniture from properties inside the M25. It is not cost-effective for us to collect from further afield. If you are able to deliver to us, we may be able to accept an item, but we would have to discuss this with you first.

3. CONTACT DETAILS 

3.1. How to contact us. You can contact us by email at support@rehaus.co.uk or by telephoning us on 020 8164 0405. Our business hours are 9.30 a.m. to 5.30 p.m., Monday to Friday excluding bank holidays and public holidays in England. 

3.2. How we may contact you. If we need to contact you, we will do so by email or by telephone using the details you have provided. 

3.3. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. It does not, however, include SMS or communication via social media. 

4. CONSIGNING TO US AND SELLING YOUR FURNITURE 

Please note: if you are making a purchase from us already and you simply wish us to collect a separate item from you, see clause 5. 

Stage one: getting in touch. 

4.1. If you have furniture you would like to sell, please contact us at purchases@rehaus.co.uk. You will be asked to provide details (including images) that will tell us more about the item(s), so that we can decide whether or not it is something we could sell. 

4.2. If we believe we could sell the furniture onwards, we will let you know the estimated price at which we believe Rehaus could sell it to a buyer. We will also confirm the nature and likely cost of any work that needs to be arranged on the furniture prior to listing for sale (such as reupholstering or authentication), along with the cost of collection from you, and together these sums will form the Seller’s Costs, which we will notify you of before you sign the contract / we collect the items.. Note: in some situations, the order of those events may change (for example, we may need to take delivery first before being in a position to confirm necessary work and/or sale price). Also, if there are one-off later charges for restoration that are not listed in the Consignment Agreement, these will be agreed with you and will be invoiced to you by us separately, with VAT added at the prevailing rate. 

4.3. We will set out our offer in writing in a Consignment Agreement and, if you would like to go ahead and sell the furniture, you will confirm through a signature that you agree to the Consignment Agreement. 

4.4. If we do not believe we could sell the furniture onwards, there is no further action unless the furniture is already in our possession (in which case you will need to collect it from us at your own cost, and if you fail to do so within ten days, ownership will transfer to us and clauses 4.16 to 4.18 will apply). 

Please note: There are many reasons why we may not be able to accept the furniture on consignment. Quality is one, but there are many others, including our current stock (we may have many similar items), or it may simply be outside our usual range. Therefore, we are not necessarily suggesting you need to throw your furniture away or that it has no value – someone may be perfectly willing to buy it, and it may simply not be right for us. 

Stage two: preparing to sell

4.5. If we believe we can sell the furniture to a buyer and you are happy to accept our offer to market the item and ultimately purchase it from you, contingent on us having arranged an onward sale, as outlined in a signed Consignment Agreement, the following will take place prior to marketing the furniture: 

• we collect the furniture at a cost agreed with you and paid by you in advance of collection;
• we perform minor restoration (e.g. putting a button back on) and cleaning ;
• our suppliers perform any necessary work that we agree with you, such as re-upholstering or non-minor restoration paid by you in advance of marketing;
• we arrange for authentication of the furniture if necessary; 
• we photograph the furniture for sale; 
• we store the furniture for the agreed period. 

Stage three: marketing the furniture

4.6. Subject to your cancellation rights (see clause 7), you guarantee us a total minimum period of exclusivity, which is made up of the following consecutive periods: 

(a) the initial period from signature of the Consignment Agreement and until the “Listing Date” (which is the date on which we first list your furniture for sale), followed by 

(b) a further period of six months from the Listing Date. 

Together, these periods are the “Rehaus Sale Period”. Clause 7 sets out the charges that will be made if you withdraw the furniture before the end of the Rehaus Sale Period.

4.7. We are free to sell the furniture in any online or offline medium and in any location, detailing Rehaus as the seller (as we will purchase the furniture from you before concluding any sale to a buyer). We may offer it for sale ourselves directly or we may use a third-party seller or marketplace (or do both). 

4.8. We will market the furniture at no less than the price required in order to achieve the estimated Net Sales Value agreed with you or, if we agreed a net sales range - e.g. £1,000  - £1,200 - at the price required to achieve the range. We will do this for the first  three months following the Listing Date. 

4.9. If the furniture doesn’t sell in the first three months following the Listing Date, we will be entitled to reduce the market price, which will in turn reduce the Net Sales Value estimate by up to 30% from the original estimate. We will market the item at the new price for up to a further three months (ie up to 6 months from Listing Date). 

4.10. If the furniture doesn’t sell by six months from the Listing Date, we will send you a further agreement to sign giving you the option to (a) allow us to reduce the price by up to 50% from the original price at which we marketed it or (b) collect the furniture.  Depending on your choice the following will apply: 

4.10.1. if you choose for us to continue to market the furniture, subject to a discount of up to 50%, either you or we may cancel this arrangement on not less than seven days’ notice (provided that you may not cancel if we have already found a buyer), in which case the provisions of clauses 4.17 to 4.19 will apply if the furniture remains unsold at the end of that notice period; 

4.10.2. if you choose for us not to continue to market the furniture at up to a 50% discount, the provisions of clauses 4.17 to 4.19 will apply. 

4.10.3 if you do not confirm your choice in writing within 14 days, we will assume you do not wish us to  continue to market the furniture at up to a 50% discount and the provisions of clauses 4.17 to 4.19 will apply. 

4.11. We are free at any time to market on a “delivery free” or another inclusive basis to try to ensure a prompt sale. We are also entitled to make promotional offers with a value of up to 10% of the original sale price, even if this is during the first three months. 

4.12. Separately from the timescales set out above, if at any time we believe the selling price is wrong, or that the furniture will not sell, we will discuss this with you. Ultimately, we reserve the right to remove an item if we believe it cannot sell at all or if you will not agree to reduce the price. 

Stage four: conclusion of sale process 

4.13. The definitions in clause 1 apply in relation to a sale of your furniture.

4.14. In the event of a sale agreement with a buyer, the following process will apply

• we calculate the Net Sale Value  achieved and the Earning at which we will buy the furniture from you, in line with the Consignment Agreement.
• Rehaus will create an invoice from you to Rehaus for the Earning and will send you a copy of this 
• Ownership of the furniture passes from you to Rehaus. 
• Rehaus concludes its sale to the buyer and delivers the furniture to the Buyer 

4.15. You receive the Earning. You have two options in relation to the Earning: 

4.16. You can choose Option 1 or Option 2 once we are ready to purchase the item from you – there is no need to choose in advance. If you consign more than one item with us at a time that we sell separately, you can choose a combination of the two Options for different items. However, once you choose your Option, you cannot switch to a different one. 

4.17. If: 

4.17.1. the furniture does not sell (during the Rehaus Sale Period or during any agreed longer period prior to cancellation by either you or Rehaus); or 

4.17.2. we withdraw the furniture early and/or we cancel this agreement where we are entitled to do so; or 

4.17.3. you cancel this agreement during the Rehaus Sale Period; then

we will confirm in writing that the sale process is at an end. Once we confirm, this is a “No Sale”. 

4.18.  In event of a No Sale, you must collect your furniture within fourteen days, giving us at least 24 hours’ notice of a collection, which must take place in our business hours (see clause 3.1). Timings begin to run immediately: therefore, if we tell you on Monday 5th^th at 10.00 a.m. that there is a No Sale, you have Monday 19th^th at 10.00 a.m. to collect your furniture.  

4.19. If you miss either of the timescales or obligations set out in clause 4.18, ownership in the furniture will immediately transfer to us and we may dispose of it as we wish – whether by donation, recycling, destruction, sale (in which case we keep all proceeds) or otherwise.

5. COLLECTING AN ITEM FROM YOU IF YOU ARE BUYING ANOTHER ITEM

5.1. If we collect an item from you because you are purchasing an item from us subject to our terms and conditions of sale, those terms will apply to our collection of the item. If we believe we can sell the item we collect, we will offer you the chance to sell it via consignment. You may then decide to sell it through us, in which case the provisions of this agreement will apply to that process, save that we will not charge you for the original collection and at that point we will ask you to sign a Consignment Agreement to agree the specifics of the sale. 

5.2. If we do not believe we can sell your collected item, or if we do think we could sell it but you do not wish to undertake a consignment sale, ownership in the item will automatically and immediately transfer to us and we may dispose of it as we wish – whether by donation, recycling, destruction, sale (in which case we keep all proceeds) or otherwise. 

6. SPECIFIC POINTS ON CONSIGNMENT SALES

6.1. Insurance of consigned items. At the point of collection from your property, your furniture will be fully insured to the lower value from the Net Sales Value estimate range that we provided to you previously, in writing, prior to shipment. (If we have agreed to market initially at a higher valuation at your request, that will be disregarded for insurance purposes, and the lower end of our original net sales value estimate will be applied.) If you are delivering the furniture to us yourself or through a third-party courier that you have organised, the furniture will be insured only from the point of which we take possession of the furniture. 

6.2. Contracts and ownership. The sales described in this agreement are made by us with your authorisation. They are contracts between you and us, and between us and the buyer. We do not own the furniture other than at the times described in this agreement. 

6.3. Your commitments. You confirm the following in relation to all furniture that you wish to be sold through Rehaus: 

6.3.1. you own the furniture lawfully and are allowed to sell it;

6.3.2. you will highlight any defects or important facts about the item before we estimate the sale price, and you will ensure that all information you give is fair and accurate and supplied promptly; 

6.3.3. you will not impede the sale to a buyer; 

6.3.4. you will not bid on any of your own furniture; 

6.3.5. you will be responsible for any loss or damage that we suffer, including loss of profit, if you breach this agreement, subject to our responsibility to take reasonable steps to limit our losses; 

6.3.6. you cannot withdraw furniture from sale to us if we have made a commitment to sell it to a buyer; and 

6.3.7. we own all images and text that we produce in relation to the furniture. 

7. CANCELLATION RIGHTS (14-DAY STATUTORY CANCELLATION)

7.1. If you are acting as a consumer and we formed a contract at a distance (which will generally be the case), you will benefit from the 14-day cooling-off period available under consumer law. This right will begin to run from the time at which you first ask us to perform a service for you, which will usually be the time when you ask us to collect your furniture. If we carry out a service at your request during that 14-day period, (i) we will make a reasonable charge for this and (ii) ultimately, if we are permitted by you to market the furniture, we may already have sold it, in which case the sale terms above will apply. 

7.2. The charge we make if you exercise your 14-day rights will depend on the services we have carried out at your request: 

7.2.1. assuming we have done nothing more than collect the furniture, and you have paid for this upfront, there will be no additional charge to you.  The original collection cost will not be refunded; 

7.2.2. if we have additionally carried out any work on the furniture at your agreement, we will make a reasonable charge for such work that has not already been in oiced and paid; 

7.2.3. if we have marketed the furniture at your request, and the furniture has sold, you will have committed to its sale to Rehaus and our onward sale of the furniture to a buyer and you may not cancel, in which case the sale terms in this agreement would apply. Therefore, please note that if you allow us to go ahead and actually put the furniture up for sale in the 14-day cooling-off period, you are agreeing that your cancellation rights will not apply in the event of a sale; and 

CANCELLING OUTSIDE THE 14-DAY COOLING-OFF PERIOD

7.3. Once you agree to consign furniture with us, you commit, subject to the cooling-off period, to allow us to market the item for the duration of the Rehaus Sale Period. If you cancel during the Rehaus Sale Period (but outside the cooling-off period) prior to a sale being made: 

7.3.1. you will be responsible for paying us 25% of our estimated profit on the item (based on a sale being made at the selling price on the date of cancellation as listed on www.rehaus.co.uk) that we would make from the Net Sale Value after paying you the agreed Earning (which will be based on the assumption that you have chosen Option 1), and 

7.3.2. the matter will be considered a No Sale, and the provisions of clauses 4.17 and 4.18 will apply. These cancellation charges are intended to cover the costs and effort to which we would have been put in carrying out services for you. They are an estimate of our losses, not a penalty. These amounts will be invoiced to you, plus VAT at the prevailing rate. 

7.4. If we have sold the item at the time you purport to cancel, you will have committed to its sale and you may not cancel, in which case the sale terms in this agreement would apply 

7.5. Letting us know about cancellation. You may let us know in any reasonable way about cancellation, provided that you do so in writing (see clause 3.3 for what this term includes). Let us know what you are cancelling, and we will confirm the costs. We have set out at Schedule 1 a template form that we are required by law to give you, but you are not obliged to use it: we will accept any clear written method.

8. OUR RIGHTS TO END THE AGREEMENT 

8.1.   We may end the agreement if you break it. We may end our agreement with you, in whole or in part, at any time by writing to you if: 

8.1.1. you do not make payment to us by the reasonable timescales that we set; 

8.1.2. we believe that an item is misdescribed; 

8.1.3. you breach any law or this agreement and we do not consider ourselves able to continue;

and you will be responsible for an administrative charge of £50, which we will invoice to you, adding VAT at the prevailing rate. 

9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

 9.1. We do not exclude or limit liability unlawfully. This includes liability in the unlikely event of death or personal injury caused by our negligence, and liability for fraud.

9.2. We are not liable for business losses. Whether you are a consumer or a business, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

9.3. We do not guarantee that we can sell your furniture. Even though we will try to sell your furniture if we commit to doing so, it may be that it isn’t right for our customers or we’re not the right business to sell it. 

9.4. Liability to consumers. If you are a consumer, and we breach this agreement or fail to use reasonable skill and care, we are – subject to the fact that we offer no guarantee of sale – responsible for loss or damage that you suffer as a foreseeable result, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time our agreement was made, you and we both knew it might happen. 

9.5. Liability to businesses. Save where limitation is prohibited by law, (i) our liability to businesses – however arising – is limited to 100% of the difference between any Earning paid to you (with Option 1 deemed to have been selected in any event) and the Gross Sale Value achieved, in respect of items that we sold in the previous six months, and (ii) we have no liability to you for indirect or consequential loss. 

10. YOUR PERSONAL INFORMATION

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. 

11. OTHER IMPORTANT TERMS 

11.1. Transferring this agreement. We may use subcontractors to perform services, and we may transfer our rights and obligations under this agreement to another organisation if we sell our business during the term of this agreement. Otherwise, neither you nor we may transfer our rights or obligations without the written consent of the other party. 

11.2. This agreement is between you and us. No other person shall have any rights to enforce any of its terms. The Contracts (Rights of Third Parties) Act 1999 is excluded to enable this. 

11.3. If a court finds part of this agreement unlawful, the rest will continue in force. Each clause operates separately. If any court or relevant authority decides that any clause is unlawful, the remaining clauses will remain in full force and effect. 

11.4. Entire agreement. These terms and conditions, and any document referred to in them, constitutes our full agreement. Therefore, nothing else that we say or write to you is part of this agreement – although we are careful in this regard, and we instruct our staff not to make promises to you that are inconsistent with these terms. 

11.5. Delays by you. If we do not insist immediately that you do anything you are required to do, or if we delay in taking steps against you in respect of your breaking this agreement, it does not release you from the breach, and it will not prevent us from

taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment. 

11.6. Applicable laws. This agreement is governed by English law and subject to the jurisdiction of the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts, and if you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

SCHEDULE 1

Model Cancellation Form

To: 

REHAUS FURNITURE LIMITED 

4^th Floor, 100 Fenchurch St, 

London EC3M 5JD

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of consignment sale in respect of the following item(s) [*], 

Service agreed with Rehaus on [*] 

Name of consumer(s), 

Address of consumer(s), 

Signature of consumer(s) (only if this form is notified on paper), 

Date 

[*] Delete as appropriate.