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The following forms the basis of a temporary contract between (“Supplier”) and Lone Design Club (“LDC”). By using the LDC platform, you accept and agree to be bound by the terms and provisions of this agreement, to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. These guidelines and rules are subject to change at LDC’s discretion and the Supplier will be informed of any change. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above or below, please do not use our platform.
LDC’s [Deal.Store] agrees to stock the Supplier’s products at any premises specified and chosen by LDC and notified to the Supplier (“LDC Concept Store”), in accordance to the following terms:
1. All products supplied by the Supplier (“Products”) remain the property of the Supplier until the Products are sold, at which point ownership is transferred to the end user (“Customer”).
2. The Supplier agrees to allow all stock Products to remain at the LDC Concept Store for no less than the agreed days during the opening hours of the duration of the event held by LDC at the LDC Concept Store.
The Products may not be removed or altered during the agreed duration at the Concept Store, unless clearly communicated to LDC staff.
3. In case of theft in store or building infrastructure damage caused by any Products or the Supplier, the responsibility lies with the Supplier. All risk and liability for any manufacturing faults or damage caused by Customer’s viewings remains with the Supplier at all times while the Products are available from the LDC Concept Store. We recommend that the Supplier takes out their own insurance.
4. Delivery and collection of all Products is the sole responsibility of the Supplier. Delivery is to happen no sooner than agreed with the LDC team, and no later than 24 hours before store opening. Collection is to take place within 24 hours of store closing.
5. The Supplier agrees to supply the Product at retail price. If the Supplier is VAT registered they shall ensure that all Products are VAT inclusive and the marked prices shown are VAT inclusive.
6. LDC is card only. The Supplier agrees to the use of card payments through LDC’s payment system, the card transaction fee is standard 2.25%. The supplier agrees to all funds passing through LDC during the store and that once the store is over a sales report will be sent across and the supplier’s account credited with the funds. The sales sales reports are issued within 14 days of store closure. once the report is confirmed, you will receive payment within 7 days.
7. All Products MUST be presented to LDC in an inventory no later than 1 week before store commencement. The Products uploaded must follow the guidelines provided by LDC.
8. LDC takes 10% + VAT commission on all sales throughout the entire duration of the pop up store. VAT will not be added to brands based outside the UK.
9. The Supplier agrees to mark all goods with a price tag and product details. Any sales lost due to lack ofmpricing is the responsibility of the Supplier. Any reductions must be marked on the Products (LDC must be presented with the final price of the Products to avoid any miscalculations.)
10. The Supplier agrees to be present or to send one representative of their brand to the Concept Store as per a rota to be drafted by LDC and agreed prior to the commencement of the Concept Store. Brand representatives are required to be present in the store at least 2 full days / 4 half days per week. We require there to be at least 3 representatives from different brands in the store at any one time. This is monitored by a rota system which we ask brands to thoroughly and consciously fill out in order to facilitate planning and marketing.
11. The Supplier understands that they have a joint responsibility with the members of the Collective, being all those Suppliers also receiving similar services as under this Contract, to be active in promoting the store on all social channels, online and through direct contact that the brand has the means to. The LDC operates as a Collective in terms of marketing and promotion and each brand is expected to contribute fairly. The Supplier agrees to carry out their share of marketing and promotional activities to their networks as stated in the Designers Marketing Guide. Please tag @lonedesignclub in all communications. Please note that LDC’s main focus is driving traffic to the store and events as a whole, rather than committing to individually market each Supplier.
12. The Supplier agrees to provide details of all Products being brought to the LDC Concept Store at least 2 weeks before the commencement of the Concept Store in order to ensure adequate shop fittings.
13. The Supplier is to provide hangers for all garments. Hangers are to be of a high quality and aesthetic to fit into the shop environment. Plastic hangers are not acceptable.
14. The Supplier agrees to abide by the following LDC Store Return Policy: LDC allows returns within 14 days from the day the product was purchased. Proof of purchase must be provided by the customer to LDC and the product must be in good condition.
15. The Supplier agrees to abide by the following LDC Store Exchange Policy: LDC will facilitate size exchanges within the same product within 14 days from the day the product was purchased. LDC does not facilitate exchanges of one product for another. If the customer would like a different item, they must return their initial purchase.
16. Any returns made outside of the LDC Store period, will be organised by the LDC team, however will be the financial responsibility of the Supplier.
17. The Supplier agrees that VM + Store Design is at the discretion of LDC. The overall visual merchandising, floor plan and window display is the responsibility of LDC. The arrangement and display of “co-curated” spaces is up to LDC’s visual merchandising team only. Please note that LDC’s main focus is driving traffic to the store and events, providing the best customer experience. Each brand will have an allocated space by set up day, as well as their own brand information presented. Brand spaces can relocate week on week. Brands are not permitted to bring specific / extra POS materials without first receiving approval from LDC.
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Upon signing this agreement, the Supplier confirms and accepts the general location of the Concept Store, with the knowledge that the LDC has not guaranteed an exact address.
Upon the release of the exact address, the Supplier has the right to withdraw from the Concept Store and receive a full refund.
All payments are due upon receipt. Payment must be made via this form below. Your space at the Concept Store is NOT secured until full payment has been received. LDC does not issue refunds, except in select circumstances outlined in this contract (see, Location).
LDC operates an exotic animal and Fur Free policy. By definition we do not host products containing natural fur or exotic animals that are not classed as a true bi-product. The Supplier agrees not to supply Products that contain natural fur or anything that is not a bi-product including exotic animals such as snake, crocodile, ostrich feathers etc. If the Supplier is unsure whether the Products contain materials that would be in breach of this Contract, please ask the LDC. The LDC has unfettered discretion with regard to allowing Products to be supplied at the Pop Up. Please note that if you use a material that LDC have yet to come across we reserve the right to decline your participation or ask you to remove the products composed from this material from the LDC Concept Store.
The LDC is funded by financial and product sponsorships as well as paid advertisements. The LDC takes its reputation and credibility very seriously and will only endorse products it believes in. The Supplier agrees toallow this and take part in the promotion of such products.
All patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights subsisting in the works of LDC, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (“Intellectual Property Rights”), in or arising out of or in connection with the services provided under this Contract shall be owned by LDC.
The LDC grants the Supplier a fully paid-up, non-exclusive, royalty-free non-transferable licence to copy any materials provided by the LDC to the Supplier until termination of the Contract for the purpose of providing the Services to the Supplier.
Without affecting any other right or remedy available to it, the LDC may terminate this Contract by giving the other party 1 week’s written notice.
On the rare instance that the Supplier commits a breach of the this Contract the LDC reserves the right to terminate the Contract, without cause or notice, Termination of the Contract may result in the forfeiture and destruction of all information associated with the Supplier’s account.
The LDC’s total liability to the Supplier, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Contract shall be limited to the amount the Supplier pays for the services for a Concept Store. We recommend that the Supplier takes out insurance for the duration of the LDC Concept Store
Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the LDC, except to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the Supplier’s obligations under this Contract, and shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this confidentiality obligation and as permitted by law.
The Supplier agrees that it shall not use the LDC’s confidential information for any other purpose other than to perform its obligations under this Contract.
In addition, all and any discussions between LDC and The Supplier regarding pricing and payments shall remain entirely confidential.
All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
This Contract, and any dispute or claim (including con-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle dispute or claim (including con-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
These terms and conditions are subject to change.