Consignment Agreement
The undersigned party (Owner) hereby agrees to assign to BlackHills.com
the right to display images and descriptions of the items belonging to the
Owner and described in the Contact Info and Signature of Sales Agreement, on
Sturgis-Rally Virtual Mall for the purpose of sale of said item(s). The terms
of this agreement are as follows:
1. Setup Fee: Owner agrees to pay to BlackHills.com a setup fee as
outlined in the Product Descriptions & Fee
document.
2. Conditions: On receipt of setup fee, BlackHills.com agrees to place
images and descriptions of the Owner's items on the pages of the Sturgis-Rally
Virtual Mall subject to the following conditions:
A. BlackHills.com reserves the right to refuse to represent
any item deemed unsuitable for display on the Sturgis-Rally Virtual Mall, at
the sole discretion of BlackHills.com. If any item is refused, setup fees
pertaining to said item shall be refunded to the Owner.
B. Owner have the option to renew this agreement at any time prior to
the expiration date of this agreement for the renewal fees, payable to
BlackHills.com. The length of the renewed agreement shall be a period of 2
calendar years.
C. Owner has full legal rights to items being sold and any such items
do not infringe upon or violate any copyright laws.
3. Sales: On the event of sale of any item represented, when said sale
occurs by way of the Sturgis-Rally Virtual Mall, the Owner agrees to pay to
BlackHills.com an amount equal to _______________ percent (____%) of the total
sale for that item, the transaction of said sale to take place as follows:
A. Buyers from the Sturgis-Rally Virtual Mall will send a
request to purchase an item from the Sturgis-Rally Virtual Mall via contact
information and or shopping cart on the pages and should at that time send
remittance by mail or Credit Card to BlackHills.com.
B. Upon receipt of remittance for any item or items, BlackHills.com
shall deduct a fee of _________ percent of said remittance, exclusive of
shipping charges and forward the remainder to the Owner. Storage of items
and shipment of items to buyers is the responsibility of the Owner, and
BlackHills.com assumes no responsibility for same unless we have previously
agreed to full-fill the order from our shipping locations. In which case the
Owner will provide BlackHills.com with sufficient inventory to cover sales.
C. If the Owner is to ship out the item(s) sold, then BlackHills.com
will pay the Owner the required amount AFTER the the Buyer receives the
merchandise in satisfactory condition on the normal monthly pay cycle. 100%
customer satisfaction is our goal! Together we can achieve satisfied
customers. If BlackHills.com is to ship out the merchandise, then the Owner
will be paid at the regularly scheduled pay periods, without having to wait
for shipping verification from the customer. (See Item 9 below for more
details on risks and limitations).
4. Pricing: Pricing of items shall be the responsibility of the Owner
and shall include Owner- calculated costs for shipment to buyers within the
continental US. Canada & Mexico shipment charges should be added by the
buyer on the website and a notice of same shall be posted with ordering
information on the Sturgis-Rally Virtual Mall. BlackHills.com will not modify
item pricing without notice to the Owner. BlackHills.com reserves the right to
change any and all consignment fees and labor fees for new contracts at any
time.
5. Additions and replacement: The Owner may at any time add items to the
Sturgis-Rally Virtual Mall or replace existing items by submitting new items
to BlackHills.com along with any applicable setup fees per new item and
scanning fees of per item where applicable unless otherwise agreed upon.
6. Maintenance: BlackHills.com is responsible for all maintenance,
promotion and modification of the Sturgis-Rally Virtual Mall website and shall
have the right to make modifications as deemed necessary.
7. Withdrawal: The Owner may withdraw his or her items from the
Sturgis-Rally Virtual Mall at any time by written request to BlackHills.com.
BlackHills.com reserves the right to remove any items from the Sturgis-Rally
Virtual Mall as deemed necessary..
8. Disclaimer: BlackHills.com assumes no responsibility for
misrepresentation by the Owner of him or herself or items. BlackHills.com does
not house or ship every item presented in the Sturgis-Rally Virtual Mall and
is not liable for any damages incurred by the storage or shipment of items to
the buyer.
9. Limitations and Risks: As with any retail store there are certain
risks involved. The Owner assumes all the same risks involved therein.
Example: A credit card sale is approved and the merchandise delivered. The
owner of the credit card then tells his credit card company to reverse the
charges because he didn't get the merchandise or is not happy with the
merchandise. At that time he will have to return the merchandise or we will
have to verify that the merchandise got delivered as agreed upon. This process
can hold up the funds from the Credit Card company. Usually the customer is
given 30 days by their Credit Card company to make any such claims. Even
though the Credit Card company may have already sent us the money, they have
the legal right to charge us back for that same money by simply removing those
funds from our account automatically. When that happens, the Owner is
responsible to cover their portion of the refund. BlackHills.com will also
participate in the refund by refunding their portion of the sale to the
customer. When and if necessary the Owner will submit those funds to
BlackHills.com.
Owner agrees to all the OnLine Store policies as
listed on the web site and agrees to follow them for any sales made through
the Sturgis-Rally Virtual Mall.
Payments to Owner: BlackHills.com will make payments to the Owner for
sold and delivered merchandise once per month. Other arrangements can be made
when necessary, but BlackHills.com MUST be aware of this BEFORE we agree to
sell your items.
Note: Any information submitted in these forms is to be used only for
the purposes of BlackHills.com and is kept strictly confidential. This
contract may be changed at anytime and the Owner will be notified at that
time. If the Owner can not work with any of the new policies, they may
withdraw their items from the Sturgis-Rally Virtual Mall.
You may obtain these forms to join the Sturgis-Rally Virtual Mall by
printing them directly for your browser or requesting them by mail. You MUST
submit all these forms with your request to join the Sturgis-Rally Virtual
Mall. If you want to submit electronic images, be sure to read the Product Picture Info
page, please send email for additional information if necessary.
2013 - 73rd Annual
