Terms & conditions

The key points for consignors at a glance. The full terms below apply.

The consignment period is 90 days from intake: 60 days at full price, then 30% off (you can opt out of the discount in writing).
You receive 50% of the net proceeds, with a maximum fee of €600 incl. VAT.
Please reply to our price suggestion within 5 days.
Collect unsold pieces within 10 days after the consignment period ends.
Claim your proceeds within one year of intake.

Terms and Conditions – Sales

1 DEFINITIONS

In this document the following words shall have the following meanings:

1.1 “Customer” means any person who purchases Goods and Services from the Supplier;

1.2 “Goods” means the articles specified in the Proposal;

1.3 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;

1.4 “Services” means the services specified in the Proposal;

1.5 “Supplier” means V.O.F. Tamago, Spiegelgracht 13W, 1017JP Amsterdam, The Netherlands;

1.6 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

1.7 “Contract” means the agreement regarding the supplied Goods or Services.

2 GENERAL

2.1 (English) The reader of these Terms and Conditions accepts it being written in English and declares to fully understand the contents of it. / (Dutch) De lezer van deze Terms and Conditions accepteert dat het in Engels geschreven is en verklaart de inhoud volledig te begrijpen.

2.2 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer with the exception of the Terms and Conditions – Consignment.

2.3 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.

2.5 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.

3 THE ORDER

3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 14 days.

3.2 The Customer shall be deemed to have the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.

3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.

4 PRICE AND PAYMENT

4.1 The price for the Goods and Services is as in the Proposal and is inclusive of BTW and any applicable charges outlined in the Proposal.

4.2 Payment of the price shall be in the manner specified in the Proposal.

4.3 If the Customer fails to make any within 14 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 10% per month on the outstanding amounts.

5 DELIVERY

5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.

5.2 All risk in the Goods shall pass to the Customer upon delivery.

6 TITLE

Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.

7 CUSTOMER’S OBLIGATIONS

To enable the Supplier to perform its obligations the Customer shall:

7.1 co-operate with the Supplier;

7.2 provide the Supplier with any information reasonably required by the Supplier;

7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer;

and

7.4 comply with such other requirements as may be set out in the Proposal, Contract or otherwise agreed between the parties.

8 SUPPLIER’S OBLIGATIONS

8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given, in writing, by the Supplier.

8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

8.3 The Supplier provides no guarantee(s) nor warranties in relation to the Services carried out or Goods delivered.

9 CANCELLATIONS AND REFUNDS

Were the Goods not to comply with any of the contract, the Customer must notify the Supplier within 14 days of delivery and the Customer shall be entitled to replacement Goods or a full refund, upon return of the supplied goods in the same state and packaging as supplied, including all attachments, any security seal intact, the assessment of this state being at the sole discretion of the Supplier.

10 LIMITATION OF LIABILITY

10.1 The Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.

10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.

11 FORCE MAJEURE

The Supplier shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

12 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

13 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of The Netherlands and the parties hereby submit to the exclusive jurisdiction of the Dutch courts.

The contents of the “General Terms and Conditions” were last changed on Okt 8th 2016

Terms and Conditions – Consignment

1 DEFINITIONS

In this document the following words shall have the following meanings:

1.1 “Client” means any person who purchases Goods and Services from the Supplier in any form;

1.2 “Goods” means the articles specified in the Proposal;

1.3 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;

1.4 “Services” means the services specified in the Proposal;

1.5 “Tamago” means V.O.F. Tamago of Spiegelgracht 13W, 1017JP Amsterdam, The Netherlands;

1.6 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier;

1.7 “Contract” means the agreement regarding the supplied Goods or Services.

2 GENERAL

2.3 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

2.5 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.

3 INTAKE

3.1 Assessment

Items will be subject to an assessment by Tamago-staff to determine whether in acceptable condition and if suitable for Tamago’s philosophy and demand of Tamago’s client base.

3.2 Condition of Acceptance

Consignment items are accepted when in new or like-new condition only. Unclean pieces and pieces that are irrelevant to the season are not accepted. Only authentic items are eligible for consignment. Any alterations made to the garment must be disclosed during intake.

3.3 Refusal of Intake

Tamago reserves the right to refuse any item at intake or during the consignment period.

3.4 Additional Costs

Any costs made to a piece for the purpose of attaining an ‘acceptable condition’ can be deducted from the proceeds made from the consignment or can be charged to the client directly.

3.5 Price

Intake price suggestions (potentially claimable proceeds) for accepted items will be provided after assessment. Client must respond on price suggestions within 5 days. Once client agrees on the suggested prices, items will go on sale.

3.6 Adjustment

Tamago reserves the right to adjust the price of the consigned goods during consignment as it sees fit as long as it will remain upwards of the initial agreement. The proceeds will be adjusted accordingly.

4 MERCHANDISE

4.1 Ownership

Client declares to be the only lawful owner of all merchandise put up for consignment or to be acting on behalf of the lawful owner / owners of the items who has / have given client the authority to do so.

4.2 Authenticity of Merchandise

By submitting the items for consignment, client declares that said items are genuine or authentic and in no way counterfeit or illegal replicas.

4.3 Infringement of Intellectual Property

By submitting the items for consignment, client declares that said items are not infringing on any intellectual property.

4.4 Responsibility of Indemnification

Client declares to take full responsibility for indemnification in any form regarding the consigned items.

5 CONSIGNMENT PERIOD

Pieces will be sold in an area or platform designated by Tamago. The consignment period will span over 90 days directly after intake. Tamago retains the right to sell accepted items for the duration of the consignment period. 60 days after intake the pieces will be subject to a 30% discount. Client can opt not to take part in the discount period, in written.

6 INFORMATION

Client may request information on sales and other progress of the consignment, freely during the consignment period. All provided information is indicative. No rights can be derived from ‘status updates’.

7 PROCEEDS

7.1 Entitlement

Client is entitled to 50% of the net proceeds of sold items after the consignment period or 10 days after the sale of an item, whichever comes last. Unless agreed upon otherwise, in written.

7.2 Payment Request

Client may request payment of sold items during the consignment period. Tamago reserves the right to refuse payment before the end of the consignment period or 10 days after the sale of an item, whichever comes last.

7.3 Expiration of Entitlement

Proceeds must be claimed within 1 year from the intake date. After this period credits on the consignment are transferred to Tamago and client entitlement to the relevant proceeds will end.

8 RETURN OF CONSIGNED PIECES

8.1 Return Request

Client may request return of unsold items during the consignment period. Tamago reserves the right to refuse returns before the end of the consignment period.

8.2 Notification of Pick Up

If items need to be returned during the consignment period, Tamago will notify client of the ‘Pick Up’-request. Client may pick up regarding items within 10 days after first notification. Any regarding items left at Tamago after this period will become the sole property of Tamago, unless agreed upon otherwise in written.

8.3 Expiration

Client may pick up unsold items within 10 days following the consignment period. Any unsold items left at Tamago after this period will become the sole property of Tamago, unless agreed upon otherwise in written.

9 CONSIGNOR RESPONSIBILITY

9.1 Client information

Client takes full responsibility for the correctness and accuracy of the provided personal information. Tamago holds no liability for loss of profits or goods due to incorrect information.

9.2 Consignment Period and Expiration Dates

Client is solely responsible for the knowledge of the consignment period and the expiration dates of the items as well as the expiration dates of the payments.

10 PRIVACY

Tamago is committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual clients. Tamago will not sell client data to third parties.

11 LIABILITY

11.1 Accountability

All items are left at the clients’ accountability. Tamago is not liable for damage in the form of – but not exclusively – theft, loss, damage by fire or water, damage by negligent handling or damage in any other form.

11.2 Force Majeure

Tamago is not liable to client for any failure to perform any obligation under any Agreement which is due to an event beyond the control of Tamago including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

12 AGREEMENT

12.1 Submission and Future Consignment

By submitting items for consignment, client agrees to Tamago’s ‘Terms and Conditions’. These ‘Terms and Conditions’ apply to all future consignments. By agreeing to the ‘Terms and Conditions’ once, clients agrees to the ‘Terms and Conditions’ for all future consignments.

12.2 Understanding

Client declares to fully understand Tamago’s ‘Terms and Conditions’, general consignment policy and the implications of consigning with Tamago.

12.3 Waiver

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

12.4 Severability

12.5 Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of The Netherlands and the parties hereby submit to the exclusive jurisdiction of the Dutch courts.

The contents of the “Terms and Conditions – Consignment” were last changed on November 20th 2013

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This site disclaimer was last updated on: Friday, July 22nd, 2016