Supplier Service Agreement
Click here to go backThis supplier agreement sets out how the relationship will work between us and will cover your obligations regarding inventory, deliveries and returns. It will cover our obligations regarding payment to you payments. Please read carefully as it contains all your need to know about the relationship between BMF Retail Ltd and you.
BMF Retail Ltd trading as www.localgiftstore.com (“LGS”)
October House
1 Elm Close
Acle Norfolk
NR133EU
AND you the supplier.
BMF RETAIL LTD Supplier Network - Service Agreement
Dear Supplier,
We are delighted that you want to supply your products through LGS. This agreement made between BMF RETAIL LTD and you, sets out the way that we intend to work together for the purposes of BMF RETAIL LTD acting as an outlet offering your products, goods and/or services (whichever is applicable) on our website (the “Shop”) (“the Offerings”). When signed by both you and BMF RETAIL LTD, this letter will be binding.
1. Special Terms
1.1 In order to be an effective sales channel for your company, BMF RETAIL LTD, acting as your agent, customers must be able to trust our offer. Therefore, the products you sell through LGS must not be available through any other website, including your own, at a lower price. You can use LGS to remainder or clear stock.
1.2 You agree to assign ensure that such number of products as you have allocated is available to sell from stock in your warehouse. You agree to remove from your online inventory immediately any product goes out of stock or, in your reasonable opinion, is likely to go out of stock before that allocation has been exhausted.
1.3 If a delivery is delayed or unfulfilled because the agreed allocation is not available you will be liable for customer compensation as set out below in 2.1.
1.4 You agree to upload to BMF RETAIL LTD all relevant sales and marketing material via the website for any product we mutually agree to sell in the online shop. BMF RETAIL LTD may present and edit this information in whatever form it deems appropriate provided that the price and any other material details of each Offering are correct. By uploading such material you warrant that you have the right to supply us with that material and are granting BMF RETAIL LTD a non-exclusive, assignable license to use that material for the purpose of promoting the Offerings both online and in print form.
1.5 BMF RETAIL LTD works on a commission from the retail price of each product sold – this trade discount will be an agreed %(+VAT where applicable at the prevailing rate) of the net amount charged to the customer excluding postage and packaging.
1.6 You will set the rate for Postage & Packing. This is remitted to you along with the balance after commission deduction. BMF RETAIL LTD does not, unlike some online retailers, take a commission from this. However, the postage rate you set must reflect the cost and not be a way a reducing the sales price. You can, at your discretion, offer free postage.
1.7 BMF RETAIL LTD will send all customer order information to you by email as soon as the order is finalised.
1.8 BMF RETAIL LTD will charge each customer’s credit or debit card for their purchase and remit to you the net funds (representing monies collected less our commission) by BACS automatically on 30th of each month following the month of sale by.
1.9 For the avoidance of doubt, BMF RETAIL LTD will not pay to you any monies in respect of orders which a) have not been fulfilled by you b) are in dispute: or c) have been refunded to the customer.
1.10 Each Supplier is responsible for making their own arrangements to pay the VAT due to HM Customs & Revenue upon sales generated through LGS where applicable.
1.11 LGS will not at any time be the owner of the goods you supply to third parties.
SERVICE LEVEL REQUIREMENTS
2. Delivery
You hereby undertake and agree that all orders that are received by you will be delivered with a signed for service (courier or Royal Mail) in the time you have committed to in the Product Upload area. (Each product in the shop has a stated delivery time next to the product which is set by our suppliers.
2.1 In the event that you become aware that a customer will not receive delivery of their order for any reason within the agreed number of working days, the following protocol will apply:
a) Immediately upon becoming aware of a delay or a likely delay, you will telephone the customer to inform them:
(i) of the fact that there is a delay; and
(ii) how long that delay is likely to be.
b) Notify BMF RETAIL LTD of the same.
c) If the customer is not available at the number provided, you will both attempt to leave a message for them at that number AND send an email to their listed email address including the information in 2.1(a) (i) and (ii) above.
d) As soon as you become aware of the likely time and date of delayed delivery, you will repeat steps a) and, if necessary, b) to notify the customer of that estimated delivery time and notify BMF RETAIL LTD that the issue is resolved.
2.2 In the event that a customer cancels an order due to delivery being delayed (through no fault of BMF RETAIL LTD) you are liable to refund the customer. The sum of the refund will be the full cost of the product including delivery, which will be deducted from monies collected on your behalf by BMF RETAIL LTD.
2.3 If a BMF RETAIL LTD representative leaves messages for you regarding an issue with one of your products, you undertake to contact that representative as soon as possible and in any case within 1 working day and to work with them to resolve any outstanding issues. Please phone the following number 01493 850777.
2.4 VAT invoice. Should you be VAT registered and the customer requests a VAT invoice you will supply one.
3. Returns Policy
3.1 In order for both parties to comply with consumer legislation (including but not limited to The Consumer Protection (Contracts Concluded By Means of Distance Communication) Regulations 2000 (the “Regulations”)) you warrant that the Offering(s) fits its (their) description, are of satisfactory quality and that you will comply with our returns policy as stated below.
3.2 In the case of Offerings which are covered by the Regulations BMF RETAIL LTD will offer (on your behalf) a "no hassle" guarantee, which means that if, for any reason, the customer is unhappy with their purchase, they may return it to you in its original condition, within 10 days, and BMF RETAIL LTD will (on your behalf) issue a full refund for the price the customer paid for the item. The customer will be responsible for costs incurred to return the goods to you.
3.3 In the case that the Offerings qualify as “defective” in accordance with relevant consumer legislation (including but not limited to the Sale of Goods Act 1979), then the Customer shall be entitled to return the goods to you outside of the 10 day period.
3.4 If a customer wishes to return an item because of an error on your part or because it is defective, you will be liable for the costs of return delivery incurred by the customer. This is in addition to the refund of the product and the original delivery charge and you undertake and agree to arrange for collection by a reputable carrier from an address specified to you by the Customer within 14 days. Upon receipt of notice from you that this has been completed, BMF RETAIL LTD shall credit that Customer’s card by the amount paid for the product and delivery and deduct that sum from your account.
3.5 If the goods are not covered by the Regulations (i.e. perishables and services), then the following procedure shall apply (unless agreed otherwise between you and BMF RETAIL LTD in writing):
- In the case of a defective product, the customer will be asked to provide a full description of the fault and return the defective item in its original packaging (if any), with all warranty cards, licenses, manuals and accessories.
- You will recommend that the customer, ‘for their protection’ use Royal Mail Recorded Delivery to return the goods to you.
- You will email stephen@localgiftstore.com (or such other email address as is notified to you from time to time) immediately upon receipt of the returned item with order number, name, email address (if provided) and reason why the item was returned, and on your behalf, BMF RETAIL LTD’s customer services team will issue the customer a full refund for the price the customer paid for the item.
- In the event that you delivered the item to the customer in error or the item is faulty, the customer is not liable for the costs of returning the goods to you. In this instance the protocol envisaged in paragraph 3.4 above shall apply.
4. Branding
4.1 Unless otherwise agreed the only paperwork sent with a delivery is the LGS delivery note that is sent via email attachment to print and include with the delivery. Envelopes and outer packaging shall always be plain and unbranded unless agreed in writing.
4.2 Any paperwork other than LGS delivery note sent to customers must be agreed in advance with BMF RETAIL LTD.
4.3 In respect of all orders originating from LGS, you agree to use the appropriate packaging and marketing materials which will be supplied to you from time to time direct by LGS or the publisher. You undertake and agree to ensure that at all times you have sufficient stocks of such materials and to notify LGS in a timely manner when stocks are running low.
4.4 You agree not, at any time, to use the customer information provided to you pursuant to this Agreement (including e-mail addresses) for any purpose other than fulfilment of the customer order and compliance with your obligations (including consumer legislation) in relation to that order. In particular (but without limitation) you will not send marketing literature including special offers to customers who have purchased products through LGS and shall warrant to us that you will, at all times, be in compliance with the Data Protection Act 1998 as amended and/or updated from time to time.
5. Standard Terms
5.1 In order to comply with the disclosure requirements under the Regulations you agree that BMF RETAIL LTD may publish your corporate name and registered address on the Website. We agree to provide the customer the rest of the relevant disclosure requirements.
5.2 You agree to treat all information regarding our business and procedures in the strictest confidence and will not disclose such information to any third party.
5.3 BMF RETAIL LTD will act as an outlet for the purposes of offering your products, goods and/or services (whichever is applicable) on our website.
5.4 BMF RETAIL LTD will make it clear to each customer that we are acting as an agent and that, subject to where stated to the contrary herein, the customer will be bound by our terms and conditions. You agree to be bound by those terms and conditions in order for you to supply goods to the customer.
5.5 BMF RETAIL LTD will act solely on written information from you - all new products, edits to existing products and stock allocation must be made in the supplier area website.
5.6 You guarantee that the sale of Offerings is binding on you from the time of acceptance by customers via our website.
5.7 You guarantee that you have complied with all relevant laws; regulations and codes normally expected for sale of your Offering and provide us with written evidence of this on request by us.
5.8 You agree to keep all records relating to fulfilment of LGS customer orders for a period of at least 12 months and will allow BMF RETAIL LTD reasonable access to such records. You will provide all reasonable assistance and information requested by LGS to allow LGS to respond to customer queries and complaints.
5.9 You will indemnify us if, for any reason, we suffer loss as a result of a breach by you of any of your obligations under this agreement or if any Offering infringes any other person’s rights or is illegal. In light of this indemnity we will be entitled to refund the customer directly adequate compensation to the original value of the order and postage, in accordance with this agreement, from the monies we hold on your behalf as cash collector.
5.10 The parties agree to pay their own bank charges howsoever occasioned.
5.11 All rights to the LGS website and the content on it will remain vested in us at all times. You grant us a non-exclusive, royalty free licence for the period of this agreement to use publish, advertise your name, logo and any other brand features on our website for all purposes connected with the sale of Offerings, unless stated otherwise in writing.
5.12 Unless we have otherwise agreed, you will be solely responsible for the distribution of any of the Offerings sold via our website.
5.13 This letter of agreement is the entire agreement between us and supersedes and replaces in full any other agreement, whether written or not, or any representation of any kind.
5.14 This letter of agreement will have legal force, be governed by the laws of England and Wales whose courts shall have non-exclusive jurisdiction.
Please note that failure to comply with any of the above conditions (unless agreed otherwise in writing) will result in BMF RETAIL LTD’s immediate cessation of supply of your products via the Shop.
