Please read through this document carefully as any application made and agreement signed will be taken as acceptance of these terms and conditions.
Some of the Seller Requirements are included in more detail in other sections for the avoidance of doubt.
For the purpose of this document, “Duck in Boots” means its proprietor or its proprietor and her team, as applicable, as does the use of “we”.
1. Seller Requirements:
1.1 We accept applications from any small business/sole trader offering items to sell, with the exception of prohibited items. However, priority will be given to applications that offer handmade goods. A list of prohibited items can be found in the Products section below.
1.2 All sellers are expected to share or add posts on social media platforms regularly and generally support promotion of the shop.
1.3 No multi-level, pyramid or similar marketing schemes will be accepted.
1.4 Items must be of high quality and comply with safety and legal requirements, including safety labelling where applicable (see Products below). We reserve the right to refuse any items that do not comply with our quality standards and/or the safety and legal requirements.
1.5 Sellers must label products clearly in relation to price and any other necessary information, as required by Duck in Boots.
1.6 Sellers are responsible for their own displays, although we reserve the right to amend a display if we feel their items can be showcased in a way that would enhance their visual appeal.
1.7 Stock levels must be replenished at least monthly, or as required. For further stock conditions, see the Stock section below.
1.8 Storage of stock is also the responsibility of sellers. We are only able to hold a small amount of stock per seller, and this is only available for those who take out 3- or 6- month agreements or a premium feature (see Stock below).
1.9 All sellers must hold their own insurance which covers public liability and their products. A copy of a valid insurance schedule and/or policy will be required.
1.10 We prefer that sellers have an email address for ease of invoicing and to be kept up to date with news and developments regarding the store. If sellers do not have an email address, another way of regular contact must be agreed upon prior to an offer of rental space being made.
1.11 Sellers must be based in the UK.
2. Exclusivity and Selection:
2.1 As Duck in Boots can hold a large number of sellers, it is not possible to give full exclusivity of a particular category to just one, but we will use our experience and judgement to decide how many sellers of similar products can be accommodated without having an adverse effect on those sellers’ opportunities to attract customers.
2.2 All applications for display space are carefully reviewed by Duck in Boots. Reasons that applications may be turned down include: (a) items are prohibited, unsuitable or otherwise do not meet the standards we require; (b) all available spaces are taken; and (c) we already have enough sellers of similar products (as outlined above) and we need to have a variety to appeal to a wide customer base.
2.3 Applicants turned down for any reason other than (a) above can ask to be put on a waiting list or re-apply at a later date. Applicants on the waiting list will be offered space according to their position on the list, which will be by original application date, subject to consideration of the type of products and keeping variety in store.
2.4 The above does not apply to web only sellers.
3. Agreement Duration:
3.1 There is a minimum initial agreement term of 2 calendar months, but we recommend allowing at least 3 months to gauge the level of sales and profitability more accurately. After the initial 2 months, sellers can move onto rolling monthly terms or sign up to 3- or 6-month contracts which are available at a discounted rate. Sellers can also take on a 3-or 6-month contract immediately and benefit from the savings attached.
3.2 In certain circumstances, the Premium Space detailed in the Information Pack may be available, by negotiation, to ‘visiting’ artisans for a period of one month without having a supporting agreement in place.
4. Agreement Termination:
4.1 Agreements can be terminated by sellers on 2 weeks’ notice for a monthly or 2-month agreement, or 1 calendar month for a 3- or 6-month term. Notice must be given in writing (email is acceptable) and receipt acknowledged by Duck in Boots. If this acknowledgement is not forthcoming, sellers should check that their termination notice has been received.
4.2 Duck in Boots reserves the right to terminate any agreement for any reason it considers valid, using the same notice periods as above.
4.3 In certain circumstances, for example, if a seller continuously produces unacceptable products or otherwise breaches the agreement, or is the subject of an upheld customer complaint (see Complaints and Disputes below), termination will be without notice and no refund of rental made.
4.4 Termination notice by Duck in Boots will usually be served by email, for which an automatic receipt request will be generated. This will be confirmation that the notice has been received. If termination notice is made by letter, it will be sent recorded delivery, again providing confirmation that it has been received.
4.5 We will not terminate any agreement without doing everything possible to prevent this, but if sellers believe the notice of termination by Duck in Boots is unfair or unwarranted, they are at liberty to request a meeting to discuss the situation.
4.6 If an agreement is terminated for whatever reason, unless otherwise notified and agreed, any Staffing Agreement (if applicable) will also be deemed to have terminated.
5. Display Spaces, Website Packages and Workshops:
5.1 The prices for display spaces, web packages and workshops are given in the separate document attached. These prices will remain current for at least the duration of sellers’ initial agreements, but increases may be necessary in the future (see Price Increases below).
5.2 A description of the spaces and web packages available are given in the Information Pack. Whilst we will always endeavour to provide the display space of sellers’ choice, spaces are allocated on a first come, first served basis. In addition, as display space rental is based on size only, we reserve the right to move sellers’ locations within the store to optimise selling potential and to enhance the flow of the store as necessary. We will always discuss this with sellers before any ongoing change was made.
6.1 Payment for display spaces and web packages are due in advance on the 27th of each month, regardless of the duration term of sellers’ bookings (for example, a 6-month term, which takes advantage of the better rates, is payable monthly over those 6 months). An invoice reminder a few days prior to the due date if an email address has been supplied.
6.2 Payment for workshop space bookings is payable in advance, with a 25% deposit payable on booking and the balance 1 week before the workshop is due to take place. The deposit will only be refunded if at least 2 weeks’ notice of cancellation is given.
6.3 Payments are preferred by bank transfer/standing order using the bank details given on the Application Form. Other methods may be considered but must be
agreed in writing in advance of rental and/or web space being offered. If PayPal is used, any fees are the responsibility of the seller and must not be passed on to us. We reserve the right to recover any fees passed on from sales payable.
6.4 Payments that are more than 3 days late will trigger a reminder. If payment is not made in full by day 5, stock will be removed from sale (and website entries deleted) and held for collection for up to 2 months, and rental agreement will be terminated. We reserve the right to withhold money taken from sales to cover the costs for days of display in the non-payment period. If after 2 months goods have not been collected, they will be donated to charity.
7. Price Increases:
7.1 Duck in Boots reserves the right to increase prices in line with inflation, demand, and other prevailing business factors (for example, if we have to employ paid staff). We will not take any such decision lightly, as we are well aware of the often narrow profit margins in the handmade sector.
7.2 As payments are due a month in advance, and agreement termination periods are 2 weeks or 1 month, we will give sellers at least a month’s notice of any increase in prices. Such notice will be accompanied by a revised Price List.
8.1 All products must comply with all safety and legal requirements, including CE or any other safety labelling. These items include but are not limited to those listed below. Any item that falls into one of these categories and does not hold the relevant safety labels will not be placed on display and sellers will be asked to remove the items from store until such a time that they comply with the standards.
Any item that has play value (as it could be mistaken for a toy by a child)
Cosmetics (including soaps and bath bombs)
Clothing, especially children’s
8.2 No products carrying trademark or copyrighted images, logos or text can go on display or on sale in the store or on its website unless sellers carry the appropriate licence or rights of use to the intellectual property.
8.3 In the belief that découpage is an exception to copyright infringement, Duck in Boots will accept such work, but sellers put these items up for sale at their own risk and are responsible for any copyright infringement action that may be taken.
8.4 Any breach of copyright on products found by officials that may visit the store or review the website will remain the sellers’ responsibility and the appropriate authorities may make contact sellers directly in regard to any concerns.
8.5 We will openly invite Trading Standards to review our store and its products.
8.6 Prohibited items include:
Tobacco or e-cigarettes
Knives, violent and dangerous items
Items which contain animal or human parts or remains
Pornography or items considered to be suitable to been seen by over 18s only
Medical items, drugs or associated paraphernalia
Hate items (anything that promotes or advocates hate, racism or any other type of discrimination)
8.7 We reserve the right to refuse items not already listed and for any reason.
8.8 Copying is strictly forbidden. Anyone found to be copying another seller’s products will have their agreement terminated immediately. In such cases, no refund of display space rental will be given.
9.1 It is important that goods sold through the store are of good quality and condition. We reserve the right to remove items that are considered to not meet an acceptable standard.
9.2 If sellers continually supply items that are of insufficient quality and condition, the agreement will be terminated as outlined to in the Agreement Termination section above.
10.1 Sellers on monthly or 2-month contracts will be unable to keep any stock that is not on display within the shop.
10.2 Sellers taking out 3- or 6-month agreements, or the Premium Space, can keep some stock in store allowing for ease of restock by sales staff. This is subject to storage space availability.
10.3 Sellers will be notified of any restocking requirement and we ask that all restocking is completed within a week of notification. At Christmas and other seasonal times, stock must be maintained on an ongoing basis, subject to demand.
10.4 As gaps are unappealing from a sales point of view, we reserve the right to fill any sellers’ shelves as necessary if replacement stock is not forthcoming. Any products used in this way will be removed as soon as new stock is brought into the shop.
10.5 Stock must be rotated regularly, at least monthly, to keep retail spaces looking fresh.
11. Sales Reports and Payment for Products:
11.1 Sales reports will be sent weekly by email, unless an alternative method of contact has been agreed. We cannot offer any other sales updates due to the volume of these that we need to produce.
11.2 Payments to sellers will be made monthly in arrears on or around the 2nd of each month by either 3-day BACs (in which case the payment will be instigated on the 2nd of each month) or PayPal. If an alternative payment method is required, this must be agreed in writing in advance of rental and/or web space being offered.
12.1 Duck in Boots is happy to take orders for items in store on behalf of sellers. We have a standard Order Form for ease of completion, but ask that sellers supply us with all the details they consider essential for an order to be taken or supply us with their own order form. We will also need to know production and delivery timescales and any applicable postage and packing costs.
12.2 We will require customers ordering from sellers via Duck in Boots in this way to sign the order form to confirm that all details are correct. We cannot accept any responsibility for any errors on order forms which have been signed by customers.
12.3 When signed order forms are sent to sellers, they should be carefully checked and any queries raised directly with customers as soon as possible before any work is undertaken.
12.4 Once signed order forms are sent to sellers, Duck in Boots’ involvement in and responsibility for the transaction ceases.
12.5 Sellers are welcome to have their own information leaflets and business cards on display within their display spaces so customers can contact them directly.
12.6 As it benefits everyone to have as much footfall as possible, sellers are also invited to arrange with their private customers to collect items in store (with advance notice, due to storage restrictions). These items must comply with any safety, legal or other standards and not be on the prohibited items list (both as described in the Products section above), be well packaged and clearly labelled. We cannot offer this facility for large items such as furniture, etc.
13.1 In the event a customer needs to return an item and requires a replacement or refund, this will be managed in accordance with the Consumer Rights Act. Brief details of customers’ rights can be found at: http://www.which.co.uk/consumer-rights/advice/i-want-to-return-my-goods-....
13.2 As the store is a third-party, refunds, replacements and repairs remain the responsibility of sellers. We will handle initial customer service where an issue is raised and liaise with sellers as necessary. If an item is returned for being faulty or unsafe within the statutory 30 days of purchase, a refund will be given by the store and sellers will be invoiced.
13.3 Duck in Boots does not have a specific returns policy whereby customers can return an item that is not faulty or unsafe. If customers wish to return an item which is not faulty or unsafe, or is returned outside the 30-day period, they will be directed to sellers and any decision as to whether a replacement or refund is offered will be at sellers’ discretion.
14. Store Opening:
14.1 We aim to have Duck in Boots open 6 to 7 days a week wherever possible, with the exception of some public holidays and a possible short closure over Christmas. However, the store will open some evenings and public holidays depending on local events where it may be beneficial to open on those days or when events are scheduled in store.
14.2 As the store will be staffed mostly by sellers (see Staffing below) or by the store owner, there may be circumstances where the store may close early or cannot open. These decisions will never be made lightly and every measure will be taken to ensure the store is open as much as possible.
14.3 Rent remains payable during periods of closure unless otherwise stated or closure exceeds 10 normal opening days. This is because online operations will still be running even if the physical store is not. In the unlikely event that a reduction in rent is required, sellers will be notified in writing on how this will be executed.
15.1 In line with similar business models, Duck in Boots intends to have the shop staffed by its sellers and the owner, or other volunteers if available.
15.2 The requirement for sellers is 2 hours a week, 4 hours a fortnight or 1 day a month.
15.3 Where possible, we will arrange seller staffing rotas around their preferred hours/days, but inevitably there may be some times when these hours/days overlap or do not cover the shop’s opening times, resulting in the shop being over- or under-staffed. In such circumstances, we will discuss with sellers the best way to deal with this to everyone’s mutual agreement.
15.4 Full training will be provided for using the till and any other equipment.
15.5 Sellers working in the shop can use the time to work on their own projects (by prior agreement and approval, as risk assessments may be applicable) if there are no customers requiring attention. All materials and tools must be provided by sellers and any workspace sellers use must be cleared and left clean and tidy when they leave. Free wi-fi will be provided, subject to acceptable use.
15.6 A limited number of hours are available for “virtual” assistance in various areas as required, whereby sellers can contribute their hours from home. This arrangement is subject by separate negotiation with us, as we cannot make this available to all our sellers.
15.7 If sellers are able to provide staffing hours, they will be asked to complete the separate Staffing Agreement attached.
15.8 Any sellers unable to offer staffing assistance will be charged the opt-out fee of £10 per month.
15.9 As mentioned above, the hours set out in individual sellers’ Staffing Agreements can be altered by mutual agreement. However, if agreement is unable to be reached where over- or under-staffing becomes an issue that cannot be accommodated, the Staffing Agreement can be temporarily suspended or terminated, in which case the opt-out fee will become payable until such time as staffing arrangements can be reinstated.
16.1 Customers will inevitably bring children into the shop and the shop will also be hosting workshops and crafts for children. Although we take every precaution and children remain the responsibility of their parents/carers, items that children can reach are more likely to be handled and we cannot accept any responsibility for these.
16.2 General facilities for children, such as high chairs and changing, are provided. There are also some items for play and we will insist that children are supervised at all times by their attending adult, whether this is in general or whilst attending workshops and craft sessions, but we require sellers to remain vigilant in regard to their safety.
16.3 To avoid the necessity of carrying out CRB checks on our sellers, children must not be allowed to be left in the care of sellers at any time and sellers must always refuse any such requests.
16.4 Bookings for workshops and participation in craft sessions cannot be made by or accepted from anyone under the age of 16 and attending children under that age must be accompanied by an adult.
16.5 Duck in Boots’ proprietor will regularly bring her own baby, and sometimes her toddler, into the shop. Sellers staffing the shop are welcome to bring their children in as well (subject to reasonable number limitations), but they too will remain their parent’s responsibility at all times.
17.1 We cannot accept liability for any loss or damage relating to items in the store. We have a high specification security system, together with CCTV, but we are unable to guarantee that this will be enough to prevent thefts or damage. We will of course, take every measure we reasonably can to reduce the risk of such incidents.
17.2 Neither can we accept liability for any claims by customers of whatever nature relating to sellers’ services or goods.
18. Complaints and Disputes:
18.1 Details of any complaints or disputes raised by customers in relation to a seller’s services or products will be recorded but customers will be directed to the relevant seller. If complaints are valid, sellers must endeavour to resolve them as quickly and as amicably as possible.
18.2 Sellers must provide Duck in Boots with details of how complaints are handled – ie, whether they are valid (and if not, why) and how they were resolved (and if not, why).
18.3 If any customers’ complaints are not resolved as above, Duck in Boots will do everything possible to mediate a successful conclusion to matters. However, if an agreement cannot be reached and a customer’s complaint is upheld, either by Duck in Boots or by any appropriate consumer regulatory body, this may result in the relevant seller’s agreement being terminated without notice or refund of rental, particularly if the complaint is serious and has a detrimental effect on Duck in Boots and its other sellers.
18.4 If sellers have a complaint against or dispute with Duck in Boots, we will make every effort to bring these to a conclusion to mutual satisfaction and agreement. In the event that such agreement cannot be reached, we will co-operate with any advisory bodies that sellers may call upon for assistance. Ultimately, however, sellers are at liberty to terminate their agreements with the relevant notice period, as is Duck in Boots, which may be the only way to resolve any disagreement.
Duck in Boots reserves the right to amend these terms and conditions at any time for reasons it considers valid. One month’s notice will be given to sellers of any changes to the terms and conditions, such that if sellers disagree with revised terms and conditions, and don’t wish to be bound by them, they can serve notice to terminate their agreements.