TERMS AND CONDITIONS

  1. In these terms and conditions the following words have the following meanings
    2. “Agreement to Sell” The agreement set out in paragraph 4
    “Butterwick” Means Butterwick Hospice Retail Limited, company number 2775096 whose registered office is at Butterwick Hospice, Middlefield Road, Stockton-on-Tees, Cleveland, TS19 8XN
    “Buyer” Means the person who buys the Goods from Butterwick
    “Seller” Means the person whose name and address are stated in the box overleaf marked “Seller”
    “Goods” Means the articles which the Seller has delivered to Butterwick specified in the box overleaf marked “Description of Goods”
    “Purchase Price” Means the price to be paid by Butterwick to the Seller for the Goods being the sum equal to 50% of the Sale Price
    “Reserve Price” Means the sum, if any, specified as the Reserve Price in the box overleaf marked “Reserve Price” or such other sum agreed from time to time between Butterwick and the Seller as the Reserve Price
    “Sale Price” Means the price agreed to be paid by the Buyer to Butterwick for the Goods
  2. Butterwick agrees to display the Goods for sale in its shop.
  3. It is the intention that Butterwick shall hold the Goods on a sale or return basis.
  4. Subject to satisfaction of the condition set out as appropriate either in paragraph 5 or 6 below the Seller agrees to sell the Goods to Butterwick who agree to buy the Goods from the Seller.
  5. If no Reserve Price is specified the Agreement to Sell is conditional upon Butterwick receiving an offer from a Buyer together with tender of the Sale Price to purchase the Goods at a Sale Price which, in the absolute discretion of Butterwick, is acceptable to Butterwick.
  6. If a Reserve Price is specified the Agreement to Sell is conditional upon Butterwick receiving an offer from a Buyer together with tender of the Sale Price to purchase the Goods at a Sale Price which is equal to or greater than the Reserve Price and which, in the absolute discretion of Butterwick, is acceptable to Butterwick.
  7. On satisfaction of the condition in either paragraph 5 or, as appropriate, paragraph 6 and payment to Butterwick of the Sale Price by the Buyer the Agreement to Sell shall become unconditional and ownership of the Goods shall pass from the Seller to Butterwick.
  8. Until the Agreement to Sell becomes unconditional ownership of the Goods shall remain with the Seller.
  9. Butterwick will pay the Purchase Price to the Seller within 30 days of receipt of the Sale Price.
  10. If, by the end of the period of 30 days starting on the date specified overleaf, Butterwick have not sold the Goods they shall be entitled, at any time after that, to require the Seller, by notice in writing, to collect the Goods. If the Seller, having received such notice, fails to collect the Goods within the period of 30 days starting on the date of receipt of that notice the Seller and Butterwick agree that Butterwick have the authority, as agent for the Seller, to donate the Goods to Butterwick Hospice. Any notice sent by first class, pre-paid post and addressed to the Seller’s address specified overleaf (or such other address as is notified by the Seller to Butterwick) shall be deemed to be served on the day following posting.
  11. Until such time as the Goods are sold or collected by the Seller or donated to Butterwick Hospice Butterwick shall insure the Goods against theft and accidental damage.
  12. If the Goods are lost or damaged while in the possession or control of Butterwick resulting from the negligence of Butterwick, its servants or agents the liability of Butterwick for that loss or damage shall be limited to a sum equal to the Purchase Price.
  13. Save as provided in paragraph 12 Butterwick shall not have any liability to the Seller, whether arising in contract or tort or by statute or otherwise for any damage to or loss of the Goods arising directly or indirectly while the Goods are in the possession of Butterwick.
  14. The Seller warrants to Butterwick the he/she is the owner of the Goods and they are free from any defect (other than those, if any, specified overleaf) and fit for purpose.