Maker's Contract

The document sets out the main particulars of the terms and conditions of this contract. Contract Terms Updated: 20th February, 2024

Our maker's contract terms...

1. CONTRACT COMMENCEMENT

The contract between the Maker and the Organisation starts on the date of the transaction via priklipear.co.uk with selected amount of months and shelf size. Parties involved are:

Prikli Pear (The Organisation)

39 Newport, Lincoln, LN1 3DN

and

The Maker (purchased subscription via priklipear.co.uk)

2. RULES AND REGULATIONS 

The Maker shall always adhere by the Rules and Regulations set by the Organisation. The Maker shall also abide and follow all the operation policies set in the Makers Manual which may be revised from time to time by the Organisation. 

3. UPKEEP AND MAINTENANCE

The Organisation may require the Maker at the expense of the Maker to ensure that the rented shelves are maintained, stocked and kept clean at all time in the manner satisfactory to the Organisation. The Maker should ensure that there is enough stock to re-stock if the Organisation should need to.

4. DEPOSIT & CONSIGNMENT PERIOD

a) The Maker is required to be in operation for at least the minimum amount of months stated on the subscription option online (priklipear.co.uk) from the date the agreement has been signed. Early termination initiated by the Maker is not allowed but upgrades on shelving space will be considered.

b) No deposit is required. 

c) Makers cannot pause or skip subscriptions unless signed off by the organisation with 2 months notice.

5. OPERATIONS

The Maker shall operate and carry out the business in accordance with the rules and regulations of the Organisation.

6. RIGHTS OF INSPECTION

The Maker shall permit the Organisation, its employees or representatives, with or without prior appointment to visit the premises and carry out physical stock check and inspection of records whenever necessary within the opening times of The Organisation.

7. PRODUCTS AND MARKETING MATERIALS

a) The Maker must display the products at prominent location and in a manner satisfactory to the Organisation.

b) All marketing materials delivered to or held by the Organisation on behalf of the Maker shall remain the sole and absolute property of the Organisation. 

c) The Maker must insure all the stock in the Organisation’s premises are at their own expenses. 

d) The Organisation shall not be liable for any losses, expenses, damages incurred or suffered by the Maker resulting from non-availability or late delivery of products. 

e) All products delivered shall be stored at such locations and under such conditions as may be approved by the Organisation on the premises or elsewhere. 

f) The Organisation has the right to remove any slow moving products from the list, with one month notice.

8. DELIVERY TERMS

The Organisation shall inspect all products supplied on delivery and shall report any discrepancies within two (2) days of delivery and return the defective products if any within eight (8) days after reporting. Failures to do so, all products delivered are deemed to have been delivered in good and merchantable conditions. Except as provided above, all risks thereof, including without limitation, tampering, theft loss or damage to the product supplied shall be borne by the Maker.

9. RENT PAYMENT

a) Shelf rent payment has to be made in BACS into the Organisations account as instructed by the invoice. Details of the bank account at the current moment are as follows: BACS to Prikli Pear, 48438307, 04-03-33 to be made payable with your assigned reference number.

b) Payments must be prompt and any withholding or late submission shall be deemed as a breach of trust resulting in the withholding of all commission or products due to the Maker. A late payment fee will be charged at the standard  7.75% on top of your rent payment.

c) The Maker guarantees full payment of any amount due to the Organisation.

10. MONTHLY REPORTS

The Organisation shall: 

a) Maintain an accurate and true record of all gross sales and purchases made in each month. 

b) Prepare and promptly submit a monthly sales report to the Maker.

11. LOSS AND DAMAGES

The Organisation shall reimburse the Maker in full via BACS for the products at cost equivalent to the Maker’s initial product value (without the Organisation’s mark-up) in the event of the following: Damaged or loss of stocks resulting from theft, fire, floods, negligence or any other reason not stated.

12. ADVERTISING AND PROMOTIONAL ACTIVITIES

a) The Maker is not allowed to conduct advertising and promotion with the Prikli Pear logo on their own without prior approval from the Organisation.

b) If the Maker runs their own promotion, the Maker should not make unrealistic products and misleading claims to the public.

13. MONTHLY COMMITMENT AND COMMISSION

The price of products is decided by the maker, with a small markup on the price of each product added by Prikli Pear to cover transaction fees from Prikli Pear’s card reader. Payment from the Maker’s product sales will be paid by the 29th of each month, by bank transfer, with a transaction report. The Maker is responsible for paying their own NI and income Tax.

In order for the Maker to enjoy the monthly commission from sales, the Maker has to fulfil the monthly commitment as stated: 

a) In operation at the current premises 

b) Supporting with social media promotion (approval needed on anything with the Organisation’s logo)

14. NON-COMPETITION

The Organisation agrees and undertakes that:- 

a) Not to conduct or permit any other direct selling or competitors business at their premises unless made aware upon agreement. 

b) Not to carry out any other business on behalf of the Maker without the prior written consent of the Maker.

c) Shall not be a distributor of any other Direct Selling companies directly or indirectly without written consent of the Maker.

d) All business documents issued by the Organisation (as may be determined by the Maker) shall be on behalf of the Organisation and shall be for the purpose of sales of products only. The Maker shall not in any way use such documents for any purpose other than authorised by the Organisation and fully aware that any misuse of such documents is a wrongful act and may also constitute criminal offence punishable by law. The Organisation has the right to claim any damages or losses incurred arising from the misuse of such documents. 

e) Shall not stock, promote or sell any other products similar or may be in competition without written consent from all parties.

15. TERMINATION OF AGREEMENT

The termination of this agreement is subject to the followings:- 

a) The Organisation fails to acquire and commence the business within a period of one (1) month from the date of this Agreement. 

b) The Maker fails to pay when due any amount which is to be paid to the Organisation. 

c) For a breach of contract by the Maker, the Organisation reserves the right to cancel or withdraw the appointment of Stockist from the Maker with immediate effect. 

d) Without prejudice to any remedy which may have been made by the Maker for the breach or non-performance of this Agreement, the Organisation shall have the right to terminate the appointment of the Maker as Stockist. 

e) The Organisation fails to operate the business in accordance to the specification of the Maker. 

f) The Maker shall become insolvent by reason of its inability to pay its debts as they fall due. 

g) The Maker gives to the Organisation any false or misleading information or makes any misrepresentation and engages in any conduct prejudicial to the business in the opinion of the Organisation.

h) The Maker shall be entitled to enter upon the premises where the products or other goods are stored (within opening times) and may retake possession in the event of termination of this Agreement if the need arises. 

i) The stockistship is not transferable and non assignable whether directly or indirectly to any third party. 

j) Upon termination of this Agreement for any cause or by any means whatsoever, the Maker shall not thereafter either personally or by agent or by letters / circulars or advertisement whether on behalf of any other person / firm or solicit orders from or in any way interfere with any person or company who has been a customer of the Organisation.

k)Upon termination for whatever reason stated above the Organisation must immediately return all unpaid products, if any, or materials belonging to the Maker.

16. GEOGRAPHICAL SCOPE

a) Subject to this agreement, the right is granted to the Organisation to operate and carry on the business at the appointed location. 

b) Any relocation of products (out of the shop) from the Maker is subject to the approval of the Maker and the request must be submitted to the Organisation two (2) weeks in advance. 

17. HEALTH & SAFETY

a) The Maker is reminded that they have a statutory duty to observe all health and safety rules and to take all reasonable care to promote the health and safety at work of themselves and their fellow Makers.

b) The Maker must have their own Public Liability insurance for carrying out any work and responsible for any damage of the Organisation’s equipment and/or reputation. 

18. DATA PROTECTION

The Organisation holds and uses the data in your personnel file to enforce its rights and meet its obligations as an Organisation. Your signature on this contract shows you consent to the holding and use of such data by the Organisation.

19. PERSONAL GUARANTEE

By purchasing a maker’s shelf agreement via: stock-with-us-options-for-online-and-in-store, the Maker agrees  to indemnify the Organisation and guarantees payment for any amount due to the Organisation. Should there be any conflict or misunderstanding arising out of any legal terms and interpretation as spelt out in other languages, the English version of Agreement shall constitute to be legal and final.

SIGNED BY ORGANISATION

Signed on behalf of the Organisation: Prikli Pear

Name: Jessica Purdie, Founder

Date: 20th February 2024