By accepting the below terms and conditions for re-sale at ARKET (“Terms”), I, the seller, (“Seller”) agree to allow H&M Hennes & Mauritz GBC AB for its brand ARKET only (“ARKET”) to offer for sale certain item(s) agreed separately between ARKET and Seller in the ARKET store in exchange for a commission in accordance with the Terms. 

General

·   Seller owns the Items handed in on this day and has the right to freely transfer them to ARKET.

·   Seller has gotten a written confirmation on the number of garments handed in and have been offered to determine a lowest sales price for specific garments. IF such lowest sales price has been set such price have also been confirmed in writing by ARKET.

·   The Item/s is/are original and do not infringe upon any other party’s rights.

Sales and commission

·   The Seller remains the owner of the items until sold by ARKET, at which time ARKET takes flash title of the Item (to allow for VAT reporting) before the ownership passes to the customer.

·   ARKET reserves the right to finally set the sales price.

·   ARKET's commission on each item will be calculated as the sales price less Seller's percentage per item as stated in the customer portal.

·   ARKET has the right to photograph and market the items in any of ARKET’s sales and marketing channels.

·   The Seller grants ARKET a non-exclusive, royalty free worldwide license to use the Seller’s photos of the Items (the “Photos”) in any of ARKET’s sales and marketing channels. ARKET may use, reproduce, distribute, combine with other materials, alter and/or edit the Photos in its sole discretion. The Seller hereby represent and warrant that (i) the Seller own all rights in and to the Photos and (ii) ARKET’s use of the Photos will not violate the rights of any third party or any law. The Seller hereby release and discharge ARKET from all and any obligation to pay you for any use of the Photos and any of the intellectual property rights contained therein in connection with the uses described above; and the Seller hereby release, discharge and agree to hold ARKET and any person acting on ARKET’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Photos as described above. 

·   Seller will receive a percentage (%) of the sales price of each product sold through ARKET. The percentage given for each item will be published in the customer portal.

·   Item will be available for sales in store for a period of five (5) weeks. ARKET may, at its own discretion, decide to prolong such sales period by two (2) weeks by sending written notification to the Seller.

·   If the Item is sold, Seller will get a confirmation email and the compensation will be paid out to the bank account Seller has provided. Payments of compensation will be made during the first week after the applicable month when the item was sold. Seller is responsible for reporting any income in accordance with applicable laws and regulations.

·   If the Item is not sold, Seller will receive an email with a request to either pick up the Item in the store within seven (7) days from the time the email notification was sent, or to donate the item to a collection partner. If the item has not been picked up within the seven (7) day period, the Item will automatically be donated through a collection partner, unless otherwise agreed via email between the Parties.

Uncollectable items

·   ARKET will take responsibility for the Seller’s Item during the sales period in the ARKET store, however Seller acknowledges that reasonable wear and tear related to the product is expected and ARKET cannot be held liable for such reasonable damage to the product. ARKET assumes responsibility once the Seller has signed these terms and conditions and the product has been accepted by the store. For the avoidance of doubt, if, by the end of the applicable sales period an item cannot be found, due to lost, theft or a force majeure event in store, such as but not limited to fire, flooding, store damage etc, then Seller will receive payment as if the product had been sold. Seller will receive the agreed compensation in accordance with the terms for payment in this agreement.

Data Privacy

·   Seller’s account information will be handled in accordance with the Privacy Notice. ARKET will automatically delete the Seller’s app account after the Seller has been inactive for a period of twelve (12) months. Bank account details will be deleted after six (6) months after the payment of the last sale has been made to the Seller.