Terms and conditions of rental
Terms and conditions for renting stands from Byens Bazar
Byens Bazar comprises markets where you as the person renting a stand can sell your personal belongings in an organised and orderly environment that is managed by Byens Bazar’s employees and does not require your presence.
The following terms and conditions of rental shall apply to you (hereinafter referred to as “the Renter”) and Byens Bazar in connection with the rental of a stand or stands. In its capacity as the lessor, Byens Bazar Søborg ApS, CVR No. 36699612 (hereinafter jointly referred to as “Byens Bazar”).
The word “stand” shall hereinafter refer to both the standard shelving stand and the floor stand, unless otherwise stated.
The items that the Renter puts up for sale at his/her stand shall hereinafter be referred to as “Products”.
- Terms and conditions for stand rental
1.1 General terms
1.1.1 Stand rental shall be booked via Byens Bazar’s website.
1.1.2 Stands shall be rented on a per-day basis (minimum one week) and the number of days shall be agreed individually between the Renter and Byens Bazar via the website. Rental shall be paid per day or part thereof. One week is calculated as seven (7) days, i.e. if your rental commences on a Monday, your rental period shall end at close of business on the subsequent Sunday. For details of Byens Bazar’s opening hours, please visit the website.
1.1.3 The stand itself must not be moved or modified. It is only permissible to expand the shelving area of the stand to include the section with the clothing rail. Expanding the shelving area above the stand shall not be permitted. Using signs and/or sticking, screwing, nailing or attaching items to the stand are also prohibited. Infringement of any of the above shall constitute breach of agreement, cf. section 8.1.
1.1.4 The Renter shall be prohibited from selling any of the following Products from his/her stand:
- Everyday consumables
- Alcohol and/or narcotic drugs
- White goods
- Counterfeit goods
- Pornographic material
- Carweels and cartires
- Dangerous goods, e.g. gas cylinders, pressurised cylinders, etc.
Byens Bazar reserves the right to remove Products that fall within any of the above-stated categories or which Byens Bazar judges to be inappropriate.
1.1.5 Byens Bazar’s primary objective is to enable private individuals to sell second-hand Products to each other. Byens Bazar reserves the right to reject new Products in general, and in particular in the event that more than five per cent (5%) of the rented stands are already selling new Products at the time of entering into an agreement with the Renter.
1.1.6 The Renter is responsible for keeping the rented stand neat and tidy.
1.1.7 Products for sale may only be placed on the shelving units provided on the stand (standard stand) or on the designated floor area (floor stand). Products placed outside the designated areas will be moved to another place or, if necessary, will be removed and stored by an employee of Byens Bazar at the Renter’s expense.
1.1.8 The Renter is not permitted to advertise from his/her stand, by distributing business cards or referring visitors to a private contact, for example.
1.2 Commencement of the rental period
1.2.1 The rental period commences at the time of opening Byens Bazar on the first day of the rental period. With regard to reimbursements, refer to section 1.3.1
1.3.1 The stand shall always be paid for in advance via the website, prior to the commencement of the rental period. Payments shall not be refunded once the rental period has commenced.
1.3.2 When renting a stand, the present rental conditions shall be accepted by the Renter by way of a check list.
1.3.3 Byens Bazar shall be closed on public holidays; cf. the Shops Act. Stand rental and e-mail services shall not be refunded in connection with public holidays.
1.4 Price labels
1.4.1 The Renter shall only use authorised price labels, which are provided by Byens Bazar and are specifically linked to the rented stand.
1.4.2 The Renter is responsible for indicating the type and price of the Product using a marker or pen.
1.4.3 In the event that the Renter wishes to change the price of one or more Products, the old price label(s) shall be replaced with new label(s) upon request to one of Byens Bazar’s employees.
1.4.4 Products with any of the following:
- Illegible price,
- Crossed-out price,
- Multiple price labels,
- Description that does not correspond with the Product,
will be rejected at the till, without liability to Byens Bazar.
1.4.5 In the event of extending the rental of a stand or renting a new stand, the Renter shall be responsible for using new price labels.
1.4.6 If the Renter has rented various different stands, the Renter shall affix new price labels when moving a Product or Products from one rented stand to another.
1.4.7 The Renter shall not be permitted to place his/her own Products or other vendors’ Products on any other stand except for the one that is linked to the price label on the Product.
1.4.8 Products without price labels will be placed on the shelves designated for “Lost Products”. Any Products that are not collected within seven (7) days of being placed on the “Lost Products” shelving unit shall be regarded as unowned and shall be discarded by Byens Bazar at their discretion and without liability.
1.4.9 The Renter shall be afforded the opportunity, upon separate agreement with an employee of Byens Bazar, to hold a clearance sale at his/her stand and have 25 per cent (25%) or 50 per cent (50%) deducted from all Products. By agreement, the Renter shall be provided with a Sale sign and the discount shall be deducted at the till, without it being necessary for the Renter to change price labels.
1.5.1 The Renter shall be permitted to move Products onto his/her rented stand up to one hour prior to closing time on the day prior to the commencement of the rental period. For example, if the Renter has booked a stand as of Monday, he/she shall be permitted to take occupancy of his/her stand up to one hour prior to closing time on the preceding Sunday.
1.5.2 The Renter shall be permitted to introduce additional Products throughout the duration of the rental period.
1.6 Vacation of stand
1.6.1 The stand shall be cleared and vacated no later than two (2) hours before closing time on the final day of the agreed rental period.
1.6.2 Price labels shall not be removed from the Products while the stand is being cleared and vacated. One of Byens Bazar’s employees will monitor which items are being packed away, which means that any Products without price labels cannot be removed from the stand; cf. section 1.4.7.
1.6.3 The Renter is responsible for making staff aware of any Products in the display cabinets or on the gallery shelves.
1.6.4 In the event that a Renter fails to clear his/her stand in accordance with sections 1.6.1–1.6.3, the stand shall be cleared by Byens Bazar at a charge of DKK 200, and this amount shall be offset against the final sales settlement for the stand, if necessary.
1.6.5 In the event that the Renter fails to collect the Products stored upon clearing a stand, Byens Bazar shall store the Products for a maximum of one (1) week, after which the Products shall accrue to Byens Bazar. Byens Bazar reserves the right to dispose of these Products. All costs associated with storing and potentially disposing of Products shall be borne by the Renter and shall be offset against the final sales settlement for the stand, if necessary.
1.7 Security of Products
1.7.1 The Renter shall be afforded the opportunity to secure his/her Products by renting alarms from Byens Bazar separately. The Renter shall be able to rent either clothing security tags or wired alarms. Prices and terms and conditions of rental are detailed on a price list available on the website.
1.7.2 Price labels cf. section 1.4 must not be placed on the rented alarms.
1.7.3 Provided there is space available and the Product is priced at no less than DKK 100, Byens Bazar shall offer the Renter the opportunity to place one or two Products in Byens Bazar’s locked glass display cabinets.
- Special conditions applicable to the rental of floor stands
2.1 A floor stand may be booked by special arrangement with Byens Bazar.
2.2 Entering into an agreement to rent a floor stand requires that the Renter is intending to sell large goods such as bicycles, furniture and other items that Byens Bazar deems not to be appropriate for display on a standard shelving stand.
2.3 The Renter is prohibited from placing clothing rails, shelving units or display tables on a rented floor stand.
2.4 All conditions outlined in section 1 also apply to the rental of floor stands.
- Commission and settlement of accounts
3.1 Fifteen per cent (15%) of the gross sales acquired by the rented stand during the rental period shall be paid to Byens Bazar in commission.3.2 The Renter shall be sent the statement of account by e-mail seven (7) days after the end of the rental period. Payment shall be deposited directly into the Renter’s bank account 10–12 bank days after the end of the rental period.
3.3 Byens Bazar’s stores do not carry cash and it is therefore not possible to make a cash payment at the end of the rental period.
3.4 In the event that a stand is rented for 3 or 6 months, Byens Bazar offers payment by instalment approx. seven (7) bank days into each month, by special agreement with the individual Renter. The Renter shall take responsibility for enquiring about such an arrangement with Byens Bazar.
- VAT and tax
4.1 Any obligation on the part of the Renter to pay VAT and/or tax on the Products sold is of no concern to Byens Bazar, and Byens Bazar has no responsibility in this regard. Byens Bazar pays a “used goods VAT” on the commission deducted from our customer’s sales.
- Right of cancellation and complaints
5.1 All purchased Products are exchanged between the Renter and the buyer of the Product. Consequently, complaints and the buyer’s right to cancel are of no concern to Byens Bazar.
5.2 The commission due for payment, cf. section 3, shall not be refunded to the Renter in the event that the Renter decides to accept a claim and/or cancellation of purchase.
- The Renter’s guarantees
6.1 The Renter guarantees that:
6.1.1 he/she has full rights to and ownership of all Products sold from the rented stand
6.1.2 the Products do not infringe the right of third parties, including intellectual property rights
6.1.3 the Renter’s Products adhere to current legislation at all times.
6.2 The guarantee stated in sections 6.1.1–6.1.3 entails that the Renter guarantees to indemnify Byens Bazar against any claims by third parties or public authorities with regard to the stipulated conditions.
- Stolen, lost or damaged Products
7.1 Byens Bazar disclaims all liability for stolen, lost or damaged Products.
7.2 Byens Bazar periodically utilises store detectives, surveillance and alarm systems, and collaborates with the police when necessary.
7.3 Byens Bazar disclaims all liability for theft or vandalism and for storm, fire or water damage.
7.4 The Renter is responsible for insuring his/her Products against the conditions specified in section 7.3.
- Breach of contract by the Renter
8.1 Non-compliance with the stipulated “Terms and conditions for renting stands from Byens Bazar” by the Renter shall constitute a breach of the rental agreement, and Byens Bazar reserves the right to apply any remedy, including compensation for any loss or termination of the agreement in cases of a material breach. Termination of the agreement does not carry a right to reimbursement of the rental payment.
9.1 All personal details associated with the Renter shall be treated confidentially. Byens Bazer reserves the right, however, to respond to requests for information by public authorities and/or adhere to disclosure orders.
- Good advice
10.1 Byens Bazar encourages the Renter to sign up to the e-mail service, which will provide the Renter with a daily e-mail containing information about the sales generated by your stand. This is an easy way to track progress in the Renter’s sales and helps the Renter evaluate whether to add more Products for sale on the rented stand. If sales are doing well, the Renter can arrange with Byens Bazar to place more items on the rented stand throughout the duration of the stand rental; cf. section 1.5.2.
- Right to make changes
11.1 The stipulated “Terms and conditions for renting stands from Byens Bazar” are subject to change by Byens Bazar without prior notice or the prior approval of the Renter.
11.2 The prevailing terms and conditions of the rental agreement are those stated on Byens Bazar’s website at any given time.
- Jurisdiction and applicable law
12.1 Any dispute arising between the Renter and Byens Bazar shall be resolved in accordance with Danish legislation and with Københavns Byret (Copenhagen District Court) as the appropriate legal venue.