Terms and Conditions
Last Updated - Jan 1, 2023
Congratulations on being part of the 1% of people that actually read these things—and welcome to the terms and conditions of Fils Unique
We know these types of documents can get pretty dense, so apologies in advance. We’ll do our best to keep it straightforward and easy to read.
You’ll see that some parts are ALL-CAPS. Sorry about this, but we really want to be transparent with you and draw your attention to some important sections. ALL-CAPS doesn't mean we're yelling at you; we wouldn’t, it's just what's legally required.
These Terms and Conditions apply to the website and all other online properties, including any services made through them (we’ll call them, collectively, the “Site”) operated by Fils Unique Corp (to which we’ll refer to as “Fils Unique”, “Filsunique.com”, “us”, “we”, or “our” as is appropriate in the context of the use of the words).
Use of this website and acceptance of these terms
Fair warning: if you do not agree to these Terms, you should not use this website. Also, We reserve the right to update and revise these Terms at any time. We'll make sure to change the "Last Updated" date at the top of this page so you can tell if these Terms have changed since your last visit. Once we post any changes, your continued use of the Site constitutes your acceptance of the revised Terms. If you have any questions, please contact us at email@example.com.
What We Do
Fils Unique Corp is a company that designs, manufactures, and sells original High-quality cufflinks ("Cufflinks") and other men accessories (collectively, the "Products").
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Our Intended Audience
This Site is intended for use by adults only, and is not intended for persons under the age of 18. You certify that you (a) are at least thirteen (18) years of age, and (b) that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party. If you are under 18 years of age, please do not use or access the site at any time or in any manner.
We Value Our Intellectual Property
Fils Unique is a labor of love and we value the fruits of that labor. All of the content that appears on the Site, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Site, and other materials, are the exclusive property of Fils Unique or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Site and the overall "look and feel" of the Site and Site (collectively the "Marks") are proprietary to Fils Unique, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Site, including the Marks, without first receiving written consent from us specific for each such use. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Site. Scraping the Site or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. All goodwill generated from the use of our Marks must be for the benefit of Fils Unique.
If you would like to request authorization to use the materials or content on the Site, please contact us at firstname.lastname@example.org.
We Respect the Intellectual Property Rights of Others Too !
If you believe that your copyright has been infringed, please let us know and send us an email at email@example.com.
We will review all claims of copyright infringement that we receive. If we deem that any content is in violation of applicable laws, we will remove it or will contact you to obtain further details.
ALLERGIES - IMPORTANT HEALTH INFORMATION
As with gold, silver in its fine state is a non-reactive metal.
Although very rare, allergies to certain metals are possible. People who have problems wearing silver jewelry are usually allergic to the copper in the alloyed metal, not the silver. Our cufflinks are plated with Rhodium, a hard precious metal to protect silver against tarnishing and oxidation.
We use the following metals in when crafting our cufflinks:
White Gold 14k, White Gold 18K, Rose Gold, Yellow Gold, Sterling Silver (92.5% pure silver 7.5% Copper), Nickel, Rhodium, Brass.
Accounts and Related Data
You can maneuver most of the Site without creating a user account ("Account"). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You should not share your Account information. You may never use another person's Account or registration information for the Site without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so.
You can always delete your Account by emailing us at firstname.lastname@example.org.
Retail/Direct-to-consumers Payments and Shipping
Prices. The prices displayed for Products available for purchase via the Site represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order.
The prices displayed on the Site are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.
Payment. By submitting an order through the Site, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Site.
Direct to Consumer Shipping Policy
Domestic Shipping Policy
Shipment processing time
All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays.
If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.
Shipping rates & delivery estimates
Shipping charges for your order will be calculated and displayed at checkout.
* Overnight delivery is only available for orders with delivery addresses within the continental United States. Delivery delays can occasionally occur.
Shipment confirmation & Order tracking
You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.
Customs, Duties and Taxes
We are not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
We are not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.
Please save all packaging materials and damaged goods before filing a claim.
International Shipping Policy
Subject to applicable fees, we do ship outside the U.S.
Refunds and Returns.
You may cancel an order at any time prior to shipment. To do so, email us to email@example.com and we’ll keep you informed.
Your cufflinks are covered by a limited, 12 months warranty (the "Cufflinks Warranty"). If there is an issue with your Cufflinks, then please review the Cufflinks Warranty Card enclosed in your order and email us at firstname.lastname@example.org. The warranty is incorporated by reference into these Terms. To the extent that there is a conflict between the terms of the Cufflinks Warranty and these Terms, the terms of the Cufflinks Warranty will govern with respect to Cufflinks purchased from Fils Unique.
If you want to return your Cufflinks within the first 30 days after your receipt, please e-mail us at email@example.com to arrange a return pick-up. The return shipment costs shall be borne by you.
Custom Made and made-to-order Cufflinks and products cannot be returned or refunded
Made-to-order or custom-made cufflinks or other products made following your requirements cannot be returned or refunded. Cufflinks and products that are not made to order or custom-made but are engraved with personalized elements (e.g. initials, logo, etc) cannot be returned and cannot be reimbursed.
Risk of loss and title for Products purchased from Fils Unique pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Of course, we’ll do our best to assist you where we are able.
If you purchased your Fils Unique cufflinks at a retailer, you must contact that retailer. We do not accept returns of items not placed directly with us through our Website.
PROMOTIONS AND MARKETING
Offer Codes. From time to time, Fils Unique may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on Fils Unique.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Fils Unique in its sole discretion. Only valid offer codes provided or promoted by Fils Unique will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Fils Unique (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by Fils Unique is non-transferable and valid for single use on an item (or items) of merchandise as determined by Fils Unique. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Fils Unique is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
Spokespeople. Form time to time, Fils Unique may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of Fils Unique. When you receive an offer code via a third party source, such as a television or radio show host, please note that such individuals may have been compensated by Fils Unique for their statements.
User Content and Use of Information
We want to hear from you! As such, we may, from time to time, allow you to post reviews, comments, photos or other content and communications on the Site. We welcome your participation. However, with that communication comes responsibility.
When you submit, distribute, transmit, or post any communications or any other material to Fils Unique (either through the Site; through our pages on third party sites, such as Instagram®, Twitter® and Facebook®. This is collectively "User Content"), you represent and warrant that you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us); that your submission of such materials to Fils Unique does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn't take it from someone else without permission); and all User Content you provide is accurate, complete, up-to-date, and not misleading (you're not lying). Furthermore, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Fils Unique to use your User Content to provide, promote, and improve the Site. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. In that case, thank you!
You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.
In addition to giving Fils Unique a license, you also give each user of the Site an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Site and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don't agree to these conditions, then please don't provide the materials to us.
Fils Unique reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to Fils Unique in its sole discretion.
Rules of Conduct
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Site; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
You understand and agree that we have no control over, and no duty to take any action regarding:
- which users access the Site;
- what content you access via the Site;
- what effects the content may have on you;
- how you may interpret or use the content; or
- what actions you may take as a result of your exposure to the content.
You release us from all liability related to you acquiring or not acquiring content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILS UNIQUE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY FILS UNIQUE OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, FILS UNIQUE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.
Limitations of Liability
Some of our cufflinks have spikes. Some have rough edges. That said, you wear them at your own risk and Fils Unique will not be held liable for harm or deterioration done to clothes or persons.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FILS UNIQUE OR ANYONE REPRESENTING FILS UNIQUE BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SITE, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR FILS UNIQUE 'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00 (in other terms, the maximum amount you’ll be able to receive from us as a compensation or indemnity, for all claims you may have against Fils Unique, will be limited to five hundred United States Dollars, nothing more).
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FILS UNIQUE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that Fils Unique, at its sole discretion, may terminate or suspend your access to and use of the Site (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Fils Unique believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Fils Unique reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Site (or any part thereof) without notice. You agree that Fils Unique and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Site. Your obligations under this Agreement shall continue even after Fils Unique has terminated and/or cancelled this Agreement or your access to the Site. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to Fils Unique for use of your User Content.
We don't like disputes (and neither do you, I'm sure). Let's do our best to avoid them.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at firstname.lastname@example.org. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section govern dispute resolution between us.
These Terms and the relationship between you and Fils Unique will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Fils Unique agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in New York County in the State of New York. You covenant not to sue Fils Unique in any other forum.
You also acknowledge and understand that, with respect to any dispute with Fils Unique or anyone representing Fils Unique arising out of or relating to your use of the Site, purchase of Products, or these Terms:
- YOU ARE IRREVOCABLY GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE IRREVOCABLY GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
The USUAL LEGAL LINGO (BUT THAT IS APPLICABLE!)
We take our commitment to customers seriously, and we'll do what we can for you. However, sometimes things may come up that are outside of our control. We shall not be liable for any failure to perform any of our obligations stated in these Terms if the failure results partly or wholly from a cause beyond our reasonable control, including —without limitation— mechanical, electronic or communications failure or degradation.
These Terms are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
If any provision of this agreement is found to be invalid by a competent court, the invalidity of such provisions shall not affect the validity of the remaining provisions. Likewise, if we choose to terminate any provision in accordance with the termination provision, that termination shall not affect the termination of other provisions.
This agreement constitutes the entire agreement between you and us with respect to the Site and supersedes all previous or contemporaneous agreements. The section headings are merely provided for convenience and shall not be given any legal import.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take or try to take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other website, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com
CONSIGNMENT TERMS AND CONDITIONS
Consignment sales of our Products are subject to the following terms and conditions and such terms govern the relationship between any person or company (each a “Consignee”) that orders and receives our Products on consignment.
Fils Unique Corp owns the right and title to all consigned items shipped to the Consignee (the “Consigned Items”), and the Consignee retains only the possession of the Consigned Items with the intention of selling it to a third party.
We grant to any Consignee the exclusive right to display and sell the Consigned Items according to our terms and conditions.
MINIMUM PRICE. The minimum price at which the Consignee may sell the Consigned Items is communicated by us (the “Minimum Price”). In the event the Consignee sells the Consigned Items for less than the Minimum Price, the Consignor shall be entitled to the same payment the Consignor would receive as its share of the sale price under this Agreement had the Consigned Items been sold for the Minimum Amount.
CONSIGNMENT FEE. The Consignee shall be entitled to 50% of the full purchase price of the Consigned Items paid by a customer to the Consignee (the “Consignment Fee”).
PAYMENT OF CONSIGNED ITEMS SALES. Within 30 days from the sale of the Consigned Items, the Consignee must deliver to the Consignor the sale price of the Consigned Items less the Consignment Fee.
LATE PAYMENTS shall incur interest at the rate of TEN PERCENT (10%) per annum from the date such payments were originally due and shall be compounded monthly from the date payment were originally due.
INSURANCE. Any Consignee must maintain insurance coverage sufficient to compensate the Consignor for the retail value of the Consigned Items in the event of damage due to fire, theft, loss or otherwise.
TIMEFRAME. In the event that all the Consigned Items are not sold by the time agreed between the Consignor and the Consignee, all unsold Consigned Items shall be returned to the Consignor with all delivery costs borne by the Consignee.
TITLE. Consignor will, at all times, hold full title to the Consigned Items.
LOSS AND DAMAGE. Consignee accepts the risk of loss or damage to Consigned Items when Consignee takes physical possession of the Consigned Items.
If an item of Consigned Items is damaged, stolen, or lost while in Consignee's possession, it will be treated as sold without discount or other deduction and Consignee will pay the sale price less the Consigned Fee on that item. The Commission will be based on the damaged, stolen, or lost item’s estimated Net Selling Price, which will be determined solely by the Consignor. This payment represents the amount Consignor would have received in the normal course of a sale, and the payment will be processed and paid under the regular schedule of commission payments within 30 days of the reported loss or damage.
EXPENSES. The Consignee shall bear all expenses for returning the Consigned Items.
APPLICABLE LAW. Any dispute on the terms of the Consignment or their validity shall be governed by and construed in accordance with the laws of the State of New York and subject to the exclusive jurisdiction of the federal and state courts located in Manhattan, New York.