TERMS AND CONDITIONS
WITHDRAWALS OF GOODS.
Either you or we may, at any time, elect to withdraw the offering of any or all of the Goods which have not yet been sold, provided, however, that you agree that you will not advertise or withdraw the Goods prior to 60 days after the date of delivery of the Goods to us. We will notify you of any such determination on our part, and you will notify us in person or in writing of any such determination on your part. If you seek such an early withdrawal, we will be entitled to an early withdrawal fee equal to $200 per item (or per pair if such Goods are shoes), and may retain the subject Goods, and continue to make them available for sale pursuant to the terms of the Confirmation and this Agreement, until the earlier of our full, final and indefeasible receipt of such early withdrawal fee, the sale of the Goods, or the expiration of such 60 days period.
Upon any withdrawal (or any Goods deemed Rejected Goods in accordance with the provisions hereof), you will be responsible for picking up the subject Goods at our store premises during normal business hours, at which time you must present the applicable Confirmation together with your driver's license or other satisfactory picture identification; if instead you wish to have such withdrawn Goods or Rejected Goods delivered to you, we will only have them delivered to the address we have for you on file, all at your expense. You must either provide us with the amount of return shipping in advance, or provide us with a valid account number with a nationally recognized shipping company which you authorize us to use in order to make such return delivery. We may require you to sign a receipt confirming the delivery of such Goods to you in satisfactory condition
RISK OF LOSS
We shall have no liability to you or any third parties for any loss or damage to the Goods in transit to us, and you hereby indemnify us and hold us harmless in respect of any such damages. We will endeavor to use reasonable care in the handling, display and storage of your Goods, using not less than the same degree of care which we utilize with respect to our own goods of a similar nature. However, in the event that any of the Goods are lost or stolen, or are damaged or destroyed by fire, flood, customer handling or other causes beyond our reasonable control, then, except to the extent of any insurance proceeds that we actually collect in respect of such Goods, the risk of loss remains with you, and we assume no responsibility or obligation to make any payment or reimbursement in respect of any such loss or damage, or for any special or consequential damages. We make no assurance that our insurance will provide coverage for the Goods or the amount which any insurer may pay in respect of any casualty relating to the Goods
MISCELLANEOUS
This Agreement constitutes the sole and entire agreement between you and us regarding the subject matter hereof, and neither you nor us has made any representation or warranty except as expressly stated above. No amendment of this Agreement, or any waiver hereunder, will be valid unless evidenced by a further written agreement signed by you and us. This Agreement is binding on and enforceable by you and us and your and our successors and assigns. This Agreement will be governed by and construed in accordance with the laws of Singapore.