1.1 Welcome to the Peddlex platform run by GEM’s Peddlex Online Trading and its affiliates (individually and collectively, "Peddlex", "we", "us" or "our"). This Consignment Policy (the “Policy”) states the terms and conditions that govern the contractual agreement between (the “Consignor”) and Peddlex (the “Consignee”) who agree to be bound by this Agreement.
1.2 WHEREAS, the Consignor owns right and title to the items described on Consignment Form List (the “Consigned Items”), and the Consignee desires to take possession of the Consigned Items with the intention of selling it to a third party.
1.3 NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Consignor and the Consignee (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
BY USING PEDDLEX SERVICES OR AGREEING TO THE CONSIGNMENT POLICY, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. RIGHT TO SELL
2.1 The Consignor hereby grants to the Consignee the exclusive right to display and sell the Consigned Items according to the terms and conditions of this Agreement.
3. PRODUCT AUTHENTICITY
3.1 The Consignor shall consign products that are either Originally made by the Consignor or acquired by the Consignor from the Original Manufacturer or Official Reseller.
4. PRODUCT QUALITY
4.1 The Consignor shall consign products and packaging that are not damaged or defective. In case the product is factory sealed, the defect.
5. SUPPLIER PRICE
5.1 The supplier price at which the Consignee may sell the Consigned Items shall be on Exhibit A (the “Consignment List”). 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.
6. REMMITANCE OF SALES
6.1 The sales from the items will be sent to the Consignor 30 days after Consignment. Within 45 days from the sale of the Consigned Items, the Consignee shall deliver to the Consignor the sale price of the Consigned Items less the Consignment Fee.
7.1 The Consignee represents and warrants that the Consignee shall maintain insurance coverage sufficient to compensate the Consignor for the fair market value of the Consigned Items in the event of damage due to fire, theft, or otherwise.
8. LOCATION OF ITEMS
8.1 The Consignee agrees and acknowledges that the Consigned Items shall only be kept and stored at Block 7 Lot 23 Saint Joseph Village 10, Apple St., Langgam, San Pedro, Laguna unless otherwise agreed upon by the Consignor in writing.
9.1 In the event that all the Consigned Items are not sold by 30 Days, all unsold Consigned Items shall be returned to the Consignor with all delivery costs borne by the Consignee.
10.1 The Consignee shall bear all expenses for shipping the Consigned Items.
11. NO MODIFICATION UNLESS IN WRITING
11.1 No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
12. CONSIGNOR REPRESENTATION
12.1 The Consignor hereby represents and warrants that the Consignor holds full title (or has received, in writing, the authorization to sell the Consigned Items by any necessary parties) to the Consigned Items.
13. APPLICABLE LAW
13.1 This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the REPUBLIC OF THE PHILIPPINES.