Consignment Terms and Conditions

CONSIGNMENT AGREEMENT
Updated July 01 2023

THE TERMS AND CONDITIONS IN THIS CONSIGNMENT AGREEMENT (THE “AGREEMENT”) CREATE A CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND JHROP LIMITED AND ITS AFFILIATES (“JHROP”, “WE”, “US” OR “OUR”).

YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IF YOU WISH TO CONSIGN GOODS ON JHROP, AND BY CLICKING “AGREE” YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Our Terms of Service ("TOS") located at: https://www.jhrop.com/pages/tos, are incorporated by reference and made a part of this Agreement to which You are agreeing, and such TOS additionally apply to any of Your and Our activities under this Agreement.

ONCE YOU AGREE TO THIS AGREEMENT, IT WILL REMAIN IN EFFECT AND GOVERN ALL TRANSACTIONS BETWEEN YOU AND JHROP UNTIL YOU OR WE TERMINATE IT PURSUANT TO SECTION 4 OF THIS AGREEMENT.

1. OVERVIEW; ACCOUNT CREATION

We market and sell (and provide a marketplace for marketing and sale of) luxury designer items, jewelry, watches and other goods. To consign an item with Us, You first need to provide Your contact and payment information. Once your selling account is created, You can request that We (i) sell the items that You ship to Us or that We have collected from You (collectively, the “Property”) on a consignment basis (“Consignment”).

2. CONSIGNMENT

You, not Jhrop, will still own the Property, even after You deliver the Property to Us. After We receive or pick up the Property from You, We will send You a message confirming the items of Property have been received. Once We have further evaluated, inspected, and authenticated the item(s). Accepted Items will then be processed and listed for sale on the Service and, at Our discretion, may also concurrently be displayed and available for purchase at a retail store locations. Please note that all list prices are determined at Our sole discretion unless We have previously agreed otherwise with You in writing.

a) Delivery Of Property; Risk Of Loss

(i) We accept the risk of loss or damage to Property only when (i) We take physical possession of the Property, or (ii) You use Our approved, pre-paid shipping label and approved method of shipment to ship Your Property and the label is processed into Our approved shipping vendor’s tracking system and You actually provide the Property to the vendor (“Approved Transit”). A “Shipment” means items of Property that are placed with a carrier of vendor and shipped together under one Approved Transit shipping label.

(ii) If an item of Property is damaged, stolen, or lost while in Our possession or during Approved Transit, it will be treated as Sold (as defined in “Title to Property” at Section 2(e) below) and We will pay You a Commission (defined in “Commissions and Payment for Property” at Section 2(f) below) on that item. The Commission will be based on the damaged, stolen, or lost item’s estimated Net Selling Price (defined in Section 2(f) below), which will be determined solely by Us. This payment represents the amount You would have received in the normal course of a sale, less any discounts or promotions applied under this Agreement, and the payment will be processed and paid under the regular schedule of Commission payments as described in Section 2(f) below.

(iii) If more than one item of Property is lost, damaged, or destroyed while in Our possession or during Approved Transit, it will be considered as loss of property, and we will pay You an insured value of up to HK$600 per item. The final payment for each item being the commission owed in the normal course of a sale or HK$600 per item, whichever is less. This is the maximum liability that We owe You and the payment will be processed and paid under the regular schedule of Commission payments as described in Section 2(f) below.

(iv)You understand that the property is held in trust by Us at your own risk. We insure each item of Property up to HK$600. It is Your responsibility to carry additional insurance on the Property. The insured value of the Property will not exceed Our determination of the current resale market price for that item, and it does not determine the selling price of the Property that We sell, nor does it reflect Our liability. If an insurance claim settlement arising from these perils is refused, We will not be responsible for any liability for the value of the Property that was lost, damaged, or destroyed.

(v) In the event You request return of an item of Property, and it is damaged during shipping, You must notify us and then return such damaged item to Us in compliance with Our shipping instructions and at Our expense along with any evidence We request to validate Your damage claim. If We can validate, and ultimately agree with Your damage claim, We will reimburse a maximum payment of HK$600 per item in the same principles as described in Section 2(a)(iii) above.

Unless otherwise prohibited by law, this remedy will constitute Your sole remedy and entire recourse against Us for Property that is damaged, stolen, or lost and is in lieu of any other remedy otherwise available as a matter of law or equity.

(vi) Any claim by You for a damaged, stolen, or lost item must be made to Us in writing within three (3) days of the day that You became aware or should have reasonably become aware of the alleged damage, theft, or loss. In the case of a damaged item, We may have minor damage to an item repaired by a certified repair service within a commercially reasonable amount of time and to re-list the item for sale by You at a price We determine.

(b) Property Acceptance Conditions

(i) Upon receipt of an item of Property, We will evaluate it to determine, in Our sole discretion, its authenticity, quality, and value. The item’s condition will affect the valuation and pricing.

(ii) We only accept Property that We think is appropriate for resale on the Service. We reserve the right to accept or reject an item for any reason.  Generally to be accepted, the Property must be at a minimum (in Our sole discretion): (1) in good to pristine condition; (2) listed in Our current Designer Directory at the time of evaluation; (3) authentic (which means, among other things, that the item is not counterfeit, fake, stolen or subject to any geographic sale restrictions); and (4) consistent with the representations and warranties You make in the “Your Representations, Warranties, and Indemnification” at Section 7. If an item meets Our criteria for acceptance, the item will be considered an Accepted Item.

(iii) If We decide to reject an item, We will return the item to You at Our expense (however We may also destroy or retain items in certain circumstances like those listed in “Unauthenticated Items” at Section 3 below).

(c) Consignment Period And Return Of Property

(i) Subject to termination of this Agreement pursuant to Section 4 hereof, the “Consignment Period” for each item of Property begins on the date an item is Accepted by Us for Consignment and ends 545 days thereafter, even if this Agreement has been terminated during that time by You or Jhrop. At any time during the Consignment Period, and subject to this provision, You may request in writing that We return any Accepted Item (a “Return Request”), so long as the Accepted Item has not already been Sold. Once We receive Your Return Request, We will use commercially reasonable efforts to remove the Accepted Item from the Service, and from any of Our retail store locations, if applicable, before it is Sold.

(1) If Your Return Request is made any time prior to the end of the Consignment Period, We will return the Accepted Item to You and will charge You the Costs of return and such costs will be deducted from Your pending Commissions (if available). If You do not have enough pending Commissions available to cover the Costs (as defined below in this Section), We will not return the item to You unless and until You pay for the costs of return prior to shipment. “Costs” of return are equal to: (A) a fee of HK$480 for every item, which fees reflect Our up-front costs of storing, cataloging, and photographing the item in preparation for sale, plus (B) applicable shipping costs.

(2) If an Accepted Item has not been Sold and You have not submitted a Return Request by the end of the Consignment Period, You relinquish all right, title, and interest to such Accepted Item and authorize Us to re-purpose or donate the item to a charity of Our choice without further notice or any compensation to You.

(3) If an Accepted Item has not been Sold by the end of the Consignment Period, We will contact You and, at Your option and Our expense: (A) return the Accepted Item to You, or (B) re-purpose or donate the item to a charity of Our choice.

(ii) If at the end of the Consignment Period We are unable, after using commercially reasonable efforts (and in any event within thirty (30) days of Our first attempt), to contact You at the email or physical address We have on file for You, any items of Property may be re-purposed or donated to a charity of Our choice.

(d) Efforts To Sell; Price

(i) As long as You are in full compliance with this Agreement, We will display on the Service (and, at Our sole discretion, display and make available for sale at one of Our retail locations), and will make commercially reasonable efforts to sell the Property.

(ii) Unless We have agreed otherwise in writing to a specific price at which a specific item must be Sold, We, in our sole discretion, will determine the initial selling price for each item of Property (the “Initial Sale Price”) based on Our evaluation of that item, together with Our determination of the current re-sale market price for that item.

(iii) In order to market and promote the sale of each item of Property, We may offer additional discounts and promotions during the Consignment Period, at Our sole discretion and without notice to You, to efficiently market and sell the Property, unless We have otherwise agreed in writing that further discounts are not permitted, or We have agreed that such discounts are permitted only with Your prior written consent.

(e) Title To Property

You will continue to own and have title to each item of Property until that item is “Sold” or until the end of the Consignment Period. An item will be considered Sold at the earlier of when:

(i) We sell it to a customer and the Property is not returned to Us within the period specified in Our then-current Return Policy; or

(ii) it is lost, stolen, damaged, or destroyed while in Our possession.

(f) Commissions And Payment for Property

(i) Commissions. We will pay You a Commission on each item of Property that is Sold. The Commission will be equal to the item’s Sold Price (as defined in Section 2(f)(ii) below) multiplied by the applicable Commission Rate (as defined in Section 2(f)(iii) below). The Commissions You receive for Sales of Your Property are the sole compensation You will receive under this Agreement for such sales. This Section describes how Commissions are created and when and how they are paid.

(ii) Definitions.
“Sold Price” means the price at which an item of Property is Sold, less applicable discounts and promotions and excluding taxes and shipping.

(iii) Commission Rates. The Commission Rate that will apply to sales of Your Property. We may also, from time to time in Our sole discretion and without notice to You, (i) for promotional reasons, offer special Commission Rates that apply only to specific item categories, are offered for a specific period of time, or that have other special conditions, or (ii) make other changes to its Commission structure and the Commission Rates, such changes to be effective as of the date they are published on the website.

(iv) Minimum Charge. A minimum charge of HK$480 will be applied to every item sold. Item sold for less than $479.99 shall not receive any consignment proceeds.

(vi) Payments. We typically begin processing Commission payments on the 15th day of every month for sales of Property that occurred during the previous 3 months. For example, payments processed on April 15th would cover the sales period from January 1 through January 31. Payments will be made to You by direct deposit in Hong Kong Dollars. Should You choose to receive payment by another payment method mutually acceptable to You and Us, or by paper check, You may, in our sole discretion, be charged a processing fee.

The timing of processing and delivering Commission payments will vary but will typically take at least two business days (provided, however, that these times are estimates only and are subject to change).

(vii) Your Information. If you create an account and sell an item with or to Us, You will be required to provide contact, payment, billing, and other information. All information You provide to Us must be (and must at all times during the term of this Agreement remain) true, accurate and complete. In order to receive Commissions, refunds or other payments, You must provide Us with all necessary information, including but not limited to a valid email address, postal address, first and last name, and bank account information. We will not be responsible for communication errors should Your information be inaccurate or incomplete. You are responsible for ensuring that You can receive emails from Us, and We are not responsible for any emails that were not received by You because they were blocked or filtered as spam. You must provide Us with accurate and up to date information for any changes. We will not be responsible for any misapplied payments or payments sent to a wrong address.

(viii) Disputes. If there is a Dispute, between You and Us relating to Your Property, We will have no obligation to pay any Commissions or other amounts due to You, including without limitation, amounts unrelated to the Dispute, unless and until the Dispute is resolved. We may withhold any Commissions due to You (including any due for Sold items of Property not subject to the dispute) and setoff such Commissions in full or partial satisfaction of any amounts You owe to Us.

3. UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS

We are committed to preventing the sale of counterfeit and inauthentic goods and have created an authentication process to prevent the sale of counterfeit and stolen goods on the Service. However, You are responsible in the first instance for ensuring the authenticity of all items You provide to us. If We cannot confirm the authenticity of any item of Property You have provided, We may, in Our sole discretion, refuse to accept the item and return it to You. If We determine at any time that an item is counterfeit, unapproved, allegedly stolen, or offered for sale in an unauthorised geographic market (for example, gray market goods), We will notify You that we have made such a determination and You will have an opportunity to provide proof of purchase or other proof of authenticity, including sales receipts and other indications of origin or provenance acceptable to Us. Any item that We finally determine, in Our sole discretion, to be counterfeit will not be returned to You and will be destroyed or, in Our sole discretion, turned over to the appropriate law enforcement agency. We reserve the right, in Our sole discretion, to deny the use of Our services to any consignor who submits counterfeit items for sale on the Service.

We are subject to laws and regulations relating to claims that items offered to Us or on the Service are counterfeit, have been stolen, or otherwise violate applicable law. We take such reports seriously and will cooperate with law enforcement in all investigations.

4. TERMINATION; DENIAL OF SERVICE

You and We may each terminate this Agreement in writing at any time, for any reason. Termination will be effective on the date of such notice and any applicable costs relating to return of Property listed under “Consignment Period and Return of Property” at Section 2(c), will apply.

At Jhrop , We truly value Our customers and are committed to providing a safe, respectful, and positive experience for You, as well as for the members of Our team. We reserve the right, in our sole discretion, to deny or terminate access to Our services of any customer who engages in behavior prohibited.

5. NO ASSIGNMENT

You may not assign this Agreement or any interest You have in it without Our prior written consent. Any prohibited assignment is null and void. This Agreement will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns.

6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR CONSIGNMENT SERVICE AND OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS OR (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR THROUGH OR FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

JHROP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE OUR SERVICES OR OUR WEBSITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR (D) ANY OTHER MATTER RELATING TO OUR SERVICES OR THIS AGREEMENT.

IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT WE HAVE ACTUALLY RECEIVED OR PAID AS A RESULT OF SELLING OR PURCHASING YOUR PROPERTY HEREUNDER.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF OUR BUSINESS, AND WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.

PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT AND THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

7. YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

You hereby represent and warrant that (a) You are at least 18 years of age, (b) You have good and marketable title to each item of Property and as the legal and equitable owner have full authority to consign and sell the Property; (c) none of the Property is subject to any liens or other encumbrances; (d) none of the Property includes counterfeit goods; (e) none of the Property infringes upon, misappropriates, or violates any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation; and (f) none of the Property is from, or the result of, illegal activity, including theft or fraud.

You will indemnify and hold Us harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by Us as a result of or arising in any way out of Our display or sale of the Property, including but not limited to, civil or criminal suits over authenticity or ownership of the Property, legality of sales, or copyright or trademark infringement.

8. GOVERNING LAW

This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between You and Jhrop, whether tort, contract, or statutory, will be governed exclusively by the laws of Hong Kong, without regard to its conflicts of laws principles (whether of Hong Kong or any other jurisdiction). Any Dispute between You and Us that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the courts of justice within Hong Kong. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to this Agreement or any sales or consignments made under this Agreement.

9. AMENDMENTS TO THIS AGREEMENT

We may update or change any of the terms and conditions of this Agreement at any time in Our sole discretion upon fourteen (14) days’ notice, except as set forth above in “Commissions and Payment” at Section 2(f)(iii) above which provides that Commission Rates may be changed by Us at any time and without notice to You and that such change is effective immediately.

You will be bound by all revised terms on the effective date, including any changes to the Commissions or Commission Rates, unless You terminate this Agreement before the effective date of the revised terms. If You do not agree to any revised terms, Your sole recourse is to terminate this Agreement in accordance with “Termination; Denial Of Service” at Section 5 above before the effective date of the revised terms.

10. ENTIRE AGREEMENT

This Agreement, including Our Terms of Service and any terms, policies, or documents incorporated by reference, sets forth the final, complete, and exclusive agreement between You and Us regarding the subject matter hereof and terminates and supersedes all prior understandings or agreements on such subject matter. Except as expressly set forth in “Commissions and Payment” at Section 2(f) and “Amendments to this Agreement” at Section 9 above, this Agreement may be modified only by a writing signed by You and Us. In the event there is a conflict between the terms of this Agreement and any terms or documents incorporated by reference, this Agreement will control.

11. NO IMPLIED WAIVER

Any failure by You or Us to enforce any provision of this Agreement will not constitute a waiver of such provision or of any other provision of this Agreement.

12. SEVERABILITY

If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement will remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement.

13. SURVIVAL OF TERMS AFTER AGREEMENT ENDS

Notwithstanding any other provision of this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on You or Us will survive the termination of this Agreement.

14. HEADINGS

Headings used in this Agreement are provided for convenience only and will not be used to construe meaning or intent.

15. NOTICES

All notices under this Agreement must be in writing (which includes emails).

If You have any questions or comments about this Agreement, the Service or wish to terminate this Agreement, please contact Us by email at info@jhrop.com

We will provide all notices to You at the email address or physical address that You have provided to Us. You are solely responsible for keeping that information current and accurate.

All agreements, notices, disclosures, and other communications that We provide electronically to You satisfy any legal requirement that such communications be in writing.

16. DISPUTE RESOLUTION PLEASE READ THIS ARBITRATION SECTION CAREFULLY TO UNDERSTAND YOUR RIGHTS, BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

(a) Scope

For all matters, disputes, or claims between You and Us arising from or related to this Agreement or Your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including any dispute about the interpretation or application of this dispute resolution provision or the enforceability, revocability or validity of this arbitration provision or any portion of the arbitration provision (“Disputes”) will be resolved by the processes and procedures described in this Section 16, first amicably and then through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. YOU AND JHROP WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES RESOLVED IN COURT.

(b) Amicable Resolution

In the event of a Dispute, You and Jhrop will first negotiate in good faith to informally resolve the Dispute. You may notify Us of a Dispute by emailing Us at info@jhrop.com or by writing a letter to Jhrop Limited, Unit 1942, 19/F, Block D, Wah Lok Industrial Centre, 31 Shan Mei Street, Fo Tan, Sha Tin, N.T., Hong Kong. The notice must specifically describe the nature of the Dispute and the relief You seek. You and Jhrop will have sixty (60) days from the date of receipt of such a notice to try to resolve the Dispute (or such longer period as You and Jhrop may agree upon in writing). If the Dispute is not resolved satisfactorily within sixty (60) days after You or Jhrop receives notice from the other party in accordance with “Notices” at Section 15 above, You or Jhrop can submit the Dispute to binding arbitration in accordance with the arbitration provisions below.

(c) Binding Arbitration

Except for any controversy or claim properly filed and pursued in small claims court on an individual basis (as explained in “Small Claims Court Option” in Section 16(d) below), any Dispute that remains unresolved after You and Jhrop attempt to resolve it informally will be resolved by binding arbitration brought on an individual basis, in which case either You or Jhrop may commence confidential binding arbitration under the terms in this Section 16(c). The arbitration will be administered by the Hong Kong International Arbitration Centre under the Consumer Arbitration Scheme (available online at www.consumer.org.hk/tc/ or by calling +852 2929 2222), as amended by this Agreement. The place of arbitration will be in Hong Kong SAR. The arbitration will be conducted by a single arbitrator, selected by the HKIAC in accordance with the applicable Consumer Arbitration Scheme. The arbitration may be held by teleconference or by video conference unless the arbitrator determines upon request by You or by Us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel, the expense and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the arbitrator. The arbitrator’s decision(s) shall be final and binding. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction.

(d) Small Claims Court Option

If You entered into this Agreement individually, You have the choice to submit any Dispute before a small claims court, if applicable, instead of having the Dispute resolved by arbitration. You can make this choice either before or after the Dispute is submitted for resolution by Arbitration.

(e) REPRESENTATIVE ACTIONS AND LITIGATION WAIVER

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; MULTI-PARTY ARBITRATIONS, REPRESENTATIVE ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A REPRESENTATIVE ACTION. COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES IS ALSO NOT ALLOWED. DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE FOREGOING REPRESENTATIVE ACTION WAIVER SHALL BE EXCLUSIVELY RESOLVED BY AN ARBITRATOR APPOINTED BY THE HKIAC, PURSUANT TO THE APPLICABLE ARBITRATION RULES, AS DETAILED IN THIS SECTION 17.

(f) Severability.

Should any portion of this Section 16 be deemed unenforceable by the arbitrator or a court of competent jurisdiction, the unenforceable portion will be severed without affecting the remainder of this Section 16, which will remain in full force and effect. If the severance of any portion of Section 16 results in any claims proceeding on a representative basis, those claims will be litigated in court and not in arbitration; the parties agree to stay any litigation of those claims pending the outcome of any individual claims in arbitration.


APPENDIX A

CONSIGNMENT PROCESS SUMMARY

1. Submit Your items to Us.
2. You will earn a Commission for items that are Sold to a third party.
3. Items that cannot be accepted for Consignment will be returned to You.