Artisan Small Box Retail Services Terms and Conditions
Artisan Small Box Retail Services Terms and Conditions
The following terms and conditions (the "Small Box Retail Agreement") govern all use of the warehousing and small box retail services (the "Small Box Retail Services") available on or at the sycamorelane.ie website (the "Site"). The Small Box Retail Services are owned and operated by Sycamore Lane Ventures Limited. ("Sycamore Lane" or “our”).
By providing the Small Box Retail Services, Sycamore Lane receives and stores inventory on the User's behalf. Sycamore Lane will prepare the inventory ("Products") for shipment directly to the User's customers ("Customers") upon purchase by the Customer.
Small Box Retail Services
Small Box Retail Services are services that allow the User to store various products that comply with the below-listed criteria and are owned by the User (“Products”) at Sycamore Lane’s warehouse. Sycamore Lane will pack and ship Products to Sycamore Lane customers when orders are received through the Sycamore Lane Website.
In order to be able to use the Small Box Retail Services the User must receive Sycamore Lane’s prior approval of the Products the User wishes to store by submitting the Products for a review. Sycamore Lane will review whether each Product complies with the following criteria:
- The product must be deemed an acceptable product by Sycamore Lane.
- The product must be produced or manufactured in Ireland.
- The Product must not exceed dimensions of 200mm × 200mm × 200mm.
- The Product must not exceed weight of 1000g (1kg).
- The product must not be worth more than €100 per item.
- The Product must conform with our acceptable content guidelines and Terms of Service.
Sycamore Lane may in its sole discretion review whether the Product submitted for the review or later shipped for fulfilment complies with the aforementioned criteria, including but not limited to remeasuring and reevaluating the Product's dimensions, count, value and/or conformity with Sycamore Lane’s policies and guidelines applicable to the Small Box Retail Services.
Sycamore Lane reserves the right to either approve or reject the Products, as well as to modify the Product's specification and/or fees applicable for fulfilment of the Product. The User will be informed about the decision.
The User is responsible for observing laws, regulations, and rules regarding Products and their delivery. The User is prohibited from delivering and selling the following Products:
- Non food and drink products.
- Illegal, restricted or prohibited products (whether in Ireland or anywhere else the product is to be shipped.
- Products that infringe third party intellectual property rights or include and/or portray illegal, hateful, or immoral content or elements.
Term of Service
After the Product is approved for the Small Box Retail Services User may store Products with Sycamore Lane until such time that the Products are sold through the Sycamore Lane website in accordance with the conditions set out in this agreement.
On a User’s delivery to Sycamore Lane of Products to be warehoused, Sycamore Lane will issue the User an invoice and confirmation, which shall include the terms of a Warehouse Receipt. The User is required to keep the Warehouse Receipt in their possession and present such Warehouse Receipt to Sycamore Lane if the User wishes to retrieve any of the warehoused Products from Sycamore Lane.
Responsibility and Limits
The User is responsible for the manufacturing (if and as applicable) and delivery of Products to Sycamore Lane and all related costs. Sycamore Lane is responsible for the safekeeping of Products and damages or losses incurred while they are in Sycamore Lane’s possession, however, the liability of Sycamore Lane for loss of or damage to any User’s Products stored at Sycamore Lane’s facility is limited to the amount of the value of the Products as stated in the Warehousing Receipt.
Notwithstanding the aforementioned, Sycamore Lane is not liable and you release us from any liability for losses or damages caused by the shipping carrier or in the event of non-delivery due to incorrect address provided by the User or Customer. Sycamore Lane shall under no circumstances be held liable for any special losses due to specific circumstances of the User and/or Customer, indirect or consequential losses or wasted expenditure or if the Product is returned to Sycamore Lane damaged due to the Customer's or shipping carrier's fault. The User will be informed about such returned and damaged Products and they won't be available for stocking or reselling, however, they can still be used for charitable purposes.
Violation of any part of this Agreement or other rules may result in the termination of the User's Sycamore Lane account. Without limiting other remedies, we may limit, suspend or terminate the Small Box Retail Services and User accounts, prohibit access to our Site, destroy Products, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter and spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. It is your responsibility to comply with the terms of the Small Box Retail Agreement, provide us with true and accurate information about you and your Products and follow your use of the Small Box Retail Services and any changes or notifications made or published by and/or on behalf of Sycamore Lane on the Site or elsewhere from time to time.
Until such time ownership and property of the Products are passed to the Customer, Sycamore Lane shall:
- Store the Products separately from all other Products of the Users or any third party in such a way that it remains identifiable as the Users property.
- Not destroy or deface or obscure any identifying mark or packaging on or in relation to the Products.
- Maintain the Products in satisfactory condition and keep them insured on the Users behalf for their full price against all risks to the reasonable satisfaction of the User.
- Be entitled to resell or use the Products in the ordinary course of business but shall account to the User for the proceeds of sale, whether tangible or intangible, including insurance proceeds and shall keep all such proceeds separate and easily identifiable from any monies or property of other Users and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
- Grant the User, its agents and employees an irrevocable license to lawfully enter the premises of Sycamore Lane for the purpose of inspecting the Products and to recover such Products.
- Shall not pledge or in any way charge by way of security for any indebtedness any of the Products, which are the property of the User.
Payments and Fees
Pricing for the Small Box Retail Services is as follows:
- Warehousing and Storage: FREE
- Picking, Assembly and Labeling: FREE
- Reoccurring Subscriptions: FREE
- Promotional Marketing Inserts: FREE
- Delivery to Sycamore Lane Warehouse: PAID BY THE USER
- Customer Postage / Delivery: PAID BY THE CUSTOMER
- Order and Returns Management: FREE
- Customer Support: FREE
- Advertising & Promotion: FREE
Payment for the Small Box Retail Service is based on a 40% wholesale contingent sales terms payable at least 30 days after sale of the product on the last business day of the month.
All payments to Sycamore Lane shall be in Euros. All prices stated are exclusive of VAT unless stated otherwise.
Sycamore Lane at its own discretion reserves the right to change the pricing and payment terms and the User will be informed about such changes.
In case of non-payment Sycamore Lane at its own discretion can terminate the Small Box Retail Services according to the procedure set forth in the Small Box Retail Agreement and destroy and/or donate all User's Products, including damaged items and items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding Products that are destroyed or donated.
Shipping and Delivery of Products
The User is responsible and shall cover all expenses (including but not limited to taxes, duties and shipping costs) to send Products to the Sycamore Lane warehouse.
The Customer is responsible and shall cover all expenses (including but not limited to taxes, duties and shipping costs) and clear customs if and as applicable to your Products and their delivery to the Customer.
Sycamore Lane delivers Products to Customers to around the world. There might be some countries we cannot deliver to because of international legal restrictions or shipping carrier limitations.
By using the Small Box Retail Services the User agrees that some Products can be packaged and shipped separately and the Customer will cover all shipping costs associated with the Products.
As part of the Small Box Retail Services the User may also choose to opt-in for promotional marketing inserts, which are small promotional materials added during the packaging process to the Customer's order. The size of a single insert should not exceed 50mm × 50mm and the pack-in must not weigh more than 2 oz. (55 g). If the User's inserts don't meet our requirements and we have to send them back, the User will be responsible for covering the cost of shipping.
You are solely responsible and shall cover all expenses (including but not limited to taxes and shipping costs) for manufacturing (if and as applicable) and delivery of inserts to our warehouse. If inserts are not available at the warehouse you understand and agree that the shipments will be sent without added inserts.
While we strive to do our best, we, unfortunately, cannot guarantee accuracy with every order. Accordingly, you understand and agree that Sycamore Lane shall under no circumstances be held liable in cases of missing or incorrectly added inserts or other promotional items.
Termination of Small Box Retail Services
Sycamore Lane shall have the right to terminate its obligation to store the User’s goods at any time with or without a cause, and especially if the User is in default of its payment obligations toward Sycamore Lane (“Default”) or violates any part of this Agreement or applicable law. In the event of a User’s Default, Sycamore Lane shall have the discretion to require payment of any outstanding charges owed to Sycamore Lane and issue the User a new Warehouse Receipt as a condition of continued warehousing of the User’s Products. Sycamore Lane may demand that the User removes the Products from Sycamore Lane facility within a stated period not less than 30 days after the providing of such notice to the User.
Sycamore Lane’s Lien Against User’s Goods
Sycamore Lane shall have a lien on a User’s Products warehoused at Sycamore Lane’s facility as security for the payment of charges owed to Sycamore Lane in relation to the Small Box Retail Services. If User owes charges to Sycamore Lane for Small Box Retail Services provided by Sycamore Lane to the User, Sycamore Lane shall have the right to sell any Products stored in Sycamore Lane’s facility in enforcement of its lien, in accordance with applicable laws.
Abandonment of Warehoused Goods by User
The User storing Products at Sycamore Lane pursuant to a Warehousing Receipt shall have the obligation to retrieve and remove the respective Products from Sycamore Lane’s facility. The User may, subject entirely to the discretion and agreement of Sycamore Lane, request Sycamore Lane to dispose of remaining Products stored at Sycamore Lane’s facility which the User does not wish to retrieve. On the receipt of a disposal request by a User (which shall be deemed to be an abandonment of the Products by the User), Sycamore Lane may, at its discretion, destroy or trash the respective Products, or donate the respective Products to a charity or non-profit organization of its choice, or sell the Products. Sycamore Lane shall have no obligation to sell the Products, but, in the event of any sale, Sycamore Lane shall have the right to retain the sale proceeds, with no obligation to transfer any of the sale proceeds to the User.
If a User leaves Products at Sycamore Lane’s facility without notice or otherwise providing any information to Sycamore Lane as to the handling of the Products, Sycamore Lane shall have the right to provide written notice to the User (at its last known contact details) that such User has the obligation to retrieve the respective Products from Sycamore Lane’s facility within 30 days after Sycamore Lane has sent the notice. Following the 30 day period, if the User has failed to retrieve its Products from Sycamore Lane’s facility, Sycamore Lane shall have the right to provide a second written notice to the User (at its last known contact details) that such User has the obligation to retrieve the respective Products from Sycamore Lane’s facility within 15 days after Sycamore Lane has sent the second notice. If the respective User fails to retrieve its Products from Sycamore Lane’s facility by the end of the 15 day period pursuant to such second notice, then the respective User’s Products stored at Sycamore Lane’s facility shall be deemed to be abandoned, in which case Sycamore Lane shall have the right to handle the abandoned Products as described herein.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
Rights of Variation
We may revise and amend these Terms and Conditions from time to time.
You will be subject to the policies and Terms and Conditions in force at the time Products are received from you, unless any change is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation.
Limitation of Liability
We are not liable for and disclaim to the fullest extent permissible under any applicable law all liability and responsibility in connection with the use, inability to use or the results of use of the Sycamore Lane website for any amount or kind of loss, damage, expenses, costs or liability that you or any third party may suffer, including without limitation any direct, indirect, punitive, special or consequential loss or damage or any loss of income, profits, anticipated savings, goodwill or data whether arising in tort, contract, operation of law or otherwise. This limitation does not apply to Customers purchase of products via this website, which is governed by the Customer Terms and Conditions.
If any of these Terms and Conditions would otherwise be held invalid, the invalid term or condition shall be interpreted as applicable only to the extent permitted without being invalid and the remainder of the Terms and Conditions shall not be affected.
Nothing in these Terms and Conditions shall apply to exclude or limit any liability to Sycamore Lane in respect of fraud, fraudulently misrepresentations, death or personal injury caused by the Users negligence, the terms as to title and quiet possession implied by the Sales of Goods and Supply of Services Act 1980, or liability for defective products under the Consumer Protection Act 2007.
You will indemnify and hold Sycamore Lane (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Law and jurisdiction
If a dispute arises between you and Sycamore Lane, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any dispute or claim arising out of or in connection with Services or subject matter or formation (including non-contractual disputes or claims) must be resolved by a court of the Republic of Ireland.
The User shall not, whether during the term of the business relationship with Sycamore Lane under this Agreement, or for a period of two years after the termination of the business relationship for any reason whatsoever, reproduce, copy or disclose, directly or indirectly, company, or confidential Information to any other person, firm, partnership, corporation or any other entity, except where required in the discharge of Sycamore Lane’s duties in supplying and delivering the Products to Sycamore Lane’s customers where required by applicable law.
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement. You acknowledge that you have all the necessary permits to grant us with Customers’ personal data to fulfill this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement.