Dealer Terms & Conditions

ATLANTA ANTIQUE GALLERY

ATLANTA ANTIQUE GALLERY

General Policies, Procedures, & Terms & Conditions

www.atlantaantiquegallery.com

The following Atlanta Antique Gallery (AAG) policies and procedures provide additional detail & clarity to a dealer's signed  formal lease agreement, consignment agreements, and all other occupancy agreements. It is understood that all active Dealer's & Consignor's will have read and acknowledged these policies & procedures. Dealer's & Consignor's who choose not to accept these Terms & Conditions should vacate immediately.

Mission Statement:  The Atlanta Antique Gallery provides a professional, inviting and accommodating environment to display and sell high quality antiques and vintage items.  Atlanta Antique Gallery offers a truly unique experience in antiques! Show your merchandise in an elegant, clean, air conditioned, well lit, and beautifully appointed showroom. Atlanta Antique Gallery provides professional, proactive customer support to the dealers associated with it and to its customers.  The Atlanta Antique Gallery provides a supportive, professional and rewarding environment to its employees. 

Hours of Operation:  AAG is Open 6 Days a week. Tues.-Fri: 11-5 & Sunday 1-5 PM. We are closed on Mondays.  AAG is closed New Year’s Day, Easter Sunday, July 4th, Thanksgiving Day and Christmas Day.  The Gallery may close for additional days, or delay opening, close early or extend hours as necessary. 

Security:  Security is one of the most important areas of the AAG’s operations.  AAG employs multiple security methods including an interior and exterior camera surveillance system with digital monitoring and backup; additional security measures and policies help protect your merchandise.  Many of the policies herein relate directly to security issues and help enhance overall security within the Gallery.  If you witness a potential or active security breach please notify the management immediately.  

Merchandise Labeling:  Dealers must use tags provided by AAG or tags that are identical to AAG tags. Properly tagging merchandise is essential; properly labeled tags enhance professionalism, decrease security risks and save time when sales are processed.  Merchandise must be clearly labeled in English, must be priced in U.S. dollars, and must include your three digit AAG dealer identification code.  Please provide specific item identification and as much information as possible including any applicable pattern, dimensions, manufacturer, age, etc.  If an item has a known defect, either list the defect or mark the item “as is.”  Also indicate if an item has been repaired or restored.  Providing specific information helps safeguard and sell your item.  Antiques listed on the website must be in excellent condition.  “As is” antiques will not be listed on the website.
Descriptions of dealer antiques has become an integral part of the website administration process, and should be as complete as possible. This is incredibly important because website customers are relying on pictures, as well as the description, without being able to hold or touch the antique.    

Merchandise Stocking:  Dealers may restock merchandise Monday through Friday from 11:30 am to 4:00 pm.  Dealers must be cognizant of customers when restocking; courtesy to customers is essential.  Aisles must not be blocked nor access impeded to adjacent dealers. Items may not be placed on top of the display cases or hung from the ceiling.  

Any and all boxes, packing material, etc. must be removed from AAG immediately after stocking.  . 

Merchandise shipped to AAG by non-local dealers must: be labeled in English be priced in U.S. dollars, be clean and ready to go immediately into the dealer’s case, and be accompanied by a list of each piece of inventory included in the particular shipment. 

Merchandise displayed in AAG should be an antique or vintage item.  (Certain exclusions may apply i.e. baseball collectables and the like). Reproductions, new merchandise or mass-produced “collectible” items are generally not allowed.  Please avoid displaying an item that may be offensive or in poor taste.  If you are unsure about a particular item, please ask AAG management.  AAG reserves the right to remove any items it deems inappropriate. Reproductions may be marketed as such on AAG's website.

Merchandise (Inventory) Control:  Dealers/consignors can adopt their own stock ID's for their items. AAG will create it's own ID for your item (items $85 and above in value) for the purpose of listing your item on it's website. AAG does not maintain inventory records at the specific dealer level, and it is therefore the individual dealer's responsibility to keep track of their own inventory. Inventory inconsistencies must be reported immediately, as AAG is only in a position to thoroughly investigate these situations for a 14-16 day historical period. Dealers can negotiate additional space for larger items that do not fit in their case (for example lamps, rugs etc) with the understanding that these types of items now carry a 20-35% floor commission.

Discounts and Price Negotiation:  Dealers establish a discount policy as part of their AAG profile.  Options include: no discount at all; discounts without dollar minimums; or discounts with dollar minimums.  Dealers can provide a different discount to the trade or to the public.  Dealers may also indicate on their profile whether they want to be called by AAG if a buyer wants to negotiate a better price.  Dealers may change their discount policy by notifying AAG management by email or in writing prior to the 15th or 30th of a month; the change will be reflected at the start of the next sales period.  Special exceptions will be made during special events and the holiday season. 
AAG provides discounts only upon request, per the dealer’s instructions in their AAG profile.  Discounts the trade (wholesale) only apply to those dealers who have a legitimate state resale tax number.  Discounts are not restricted by method of payment, but are not available for layaway purchases.  All discounted sales will normally be paid for with cash or check. Tags may be marked “firm” by the price of an item if the price is non-negotiable or a discount is not to apply.  Items with “sale” or “special” tags will not be discounted further unless approved by the dealer.  . 

Merchandise Holds:  Merchandise may be placed on “hold” by request of a customer for up to 24 hours, and will be marked as such in the case or showroom.  If the customer does not pick up the antique the following day, the hold will be removed.  Merchandise may also be held while a customer shops.    

Merchandise Approvals:  Interior designers may want merchandise from the Gallery “on approval” for a customer.  Dealers may indicate on their profile whether their merchandise may be removed from the Gallery “on approval.” 

Full payment will be rendered at the time of the request and placed in escrow.  If the item is not returned by the end of the next business day, or if the item is returned damaged, it will be considered sold. Appropriate credit card/check & ID’s will be maintained for a customer who takes an item on approval”. 

Merchandise Rentals:  Set designers from television and film, photographers and college students may want to rent merchandise. The rented fee of an item is 25% of the label price for the first week (or part of) and 5% for each additional week.  The rental fee will be split 50% for AAG and 50% for the dealer, and will be paid to the dealer upon return of the item to AAG.  

When an item is rented, it will be inspected by an AAG employee and photographed.  The renter will sign an agreement and render full payment of the label price of the item to be placed in escrow.  When the item is returned, it will be inspected by AAG to ensure that it is the same item and has not been damaged.  If the item is damaged, the item will be considered as sold.  

Merchandise Layaways:  Items may be purchased by layaway if the item price is $100.00 or higher; discounts are not available for layaway purchases without permission from the dealer.  Layaway purchases are available for “floor” sales but not available for items sold through the internet without permission of the dealer.  

At the time of layaway, a 30%, non-refundable deposit is required, with the complete remainder to be paid in full within 60 days.  In special circumstances, the time can be extended to 90 days.  Deposits are placed in escrow.  Items placed on layaway will be moved to a secure location pending final payment.  

Customers who fail to meet AAG layaway requirements will forfeit their deposit.  Forfeited deposits will be split between AAG and the Dealer, on a 80/20 basis.  Layaway payments will be made to the dealer after the final payment has been made or the item has been forfeited.

AAG’s Customer Policies can be found HERE

Merchandise Returns:  All floor sales are final and may not be returned for refund or credit.  This policy is noted on each invoice.  AAG management may grant exceptions for misrepresentation of merchandise. 

AAG management may grant exceptions for misrepresentation of merchandise . 

Merchandise Damaged in Shipping:  All items are shipped with at least 100% insurance coverage. Should a claim arise, it may take up to 45-60 days to resolve. Dealer commissions may be delayed until insurance payments are received by the Gallery. The Gallery will provide weekly claim status information should the dealer so desire. Unpaid insurance claims (claims where the Gallery is deemed to be at fault will be handled in the same manner as items damaged during photography). 

Dealer Payout Process & Reporting:  AAG operates on a calendar month basis. Dealers are therefore paid monthly.  To allow for in-month credit card funding and check clearing AAG processes its monthly payout on the 5-6th of the following month. Depending in how the weekend falls AAG mails checks no later than the 12th of each month.  Dealers who have not received their check, are asked to call the Gallery on and after the 16th, and a stop-payment payment will be initiated, and a replacement check will be sent within 48 hours.
Note: Sales where shipping issues and credit card charge-backs/fraud situations impact the transaction, the proceeds will be held in escrow, for upto 45 days pending a final resolution. Dealers are welcome to ask for an updated status every 14 days, on these types of situations.

Dealers/consignors may request the status of their current sales by calling or stopping by the AAG checkout area.  A printed copy of current sales may be requested in person.  Status requests are limited to two per month. Inquiries of this type are only fielded Mon thru Thursday. 

Dealers who have no sales activity in a given month, will not receive a monthly statement, and should mail their rent payment by the 10th of the month to avoid any late penalties.

Website Sales:  AAG offers dealers the opportunity to sell items through floor and website sales. There are no up-front costs associated with website sales (for the first 10 items).  The Gallery commission is 12% vs. 10% in the Gallery.  There are generally very few discounts available on a website sale; therefore, the dealer will make more money from website sales in the long run.

Should a website sale occur on an item where has the item has been removed from the Gallery by the dealer (without notifying the Gallery) then the full internet sales commission will be due to the Gallery. This expense has to be charged to cover additional customer service expense, and credit card voiding fees.
In certain circumstances it makes good sense to offer a discount (up to 15%) on an internet sale (not our regular policy however) to close a sale. The Gallery will exercise it’s best judgment in these situations and reserves the right to do this up to 2 times per month per dealer, in the absence of obtaining dealer approval, at the actual point of sale. 

Dealers who want to take advantage of AAG's website program should be aware that internet fraud (use of stolen credit cards etc) is deemed to be another type of theft, and as such AAG provides no insurance on theses types of transactions. AAG will provide all documentation available, to support any dealer who would like pursue the matter further with the appropriate authorities. This should be handled within 30 days of the problem transaction. 

Website Listing Maintenance:  AAG offers dealers the opportunity to add up to 10 new items (per case) per month. New items totaling more than 11, will be assessed a $5.00 fee per item. There is no unused rollover. A normal inventory of website listings for the Gallery is 4-5 days. This may rise at certain seasonal times of the year, so please plan accordingly. Expedited internet listing fees (item listed within 24 hours) are charged at $5.00 per item. Internet price changes are allowed, and are normally completed within 48 hours. Dealers are given 30 free price changes, in a 30 day cycle. A $2.50 fee is assessed for every price change greater than 30, in a 30 day period. Effective July 1st, 2009, a $5 fee will be charged to the dealer for VOID fees incurred by AAG for Web Sales that cannot be fulfilled due to inventory previously being removed or sold. 

NOTE: All of this site's images are the exclusive property of AAG.  Dealer's & Consignor's wishing to use images of "their" items should obtain express permission in advance.  Dealer's & Consignor's cross-listing their items (using AAG's images) on other sites (E-Bay, Ruby Lane etc) will be subject to a $10 fine per image, if no pre-approval was obtained. 

Removal of Antiques from the Gallery:  AAG expends a considerable amount of time and money on the website-photographing, inputting of descriptions and uploading the pictures of the antiques.  If you are going to sell your antiques, which are listed on the website, outside of the Gallery, we will asses a $5.00 website removal fee, per item. This will also generally apply to items removed that have not had a 90 day listing life in the Gallery.

It is not our intention to penalize you; but simply to recoup some of our overhead costs for all the work that has been done. 

In all cases, if a dealer does take antiques out of the Gallery, which are on the website, the dealer must  provide AAG personnel with the outgoing items tags so that proper tracking can be maintained. Failure to do this will compromise AAG’s inventory control system for AAG’s website. Removed items can continue to be listed on AAG's website, and the dealer will have to come to an agreement with AAG over who will own the shipping responsibility, should their item sell on the internet. The description & condition of items for sale on the website residing outside the Gallery, will be the sole responsibility of the dealer. AAG will pass along the expense of any customer returns, back to the selling dealer, should this situation arise, as AAG cannot support the description, existance or condition of an item listed outside of the Gallery. 

NOTE: Dealer/consignor's who remove any of their product without notifying AAG management, and do not turn in the appropriate tags, will forfeit the right to question AAG about the their inventory.  Please help us, help you!

Remote Dealer Program: AAG's remote dealer program can found HERE

Dealer's As Gallery Sales Reps: Dealers are not required to work at the Gallery.  Dealers should not actively sell on-site at AAG (unless there is a specific sales event). AAG believes it is a conflict of interest to have active dealers selling on behalf of the Gallery.

Housekeeping:  The appearance of each dealer’s space is important and can have a positive or negative impact on sales of all dealers.  Experience indicates that dealers who keep their cases and showrooms clean, arranged well, and who consistently rotate merchandise usually have higher sales.  Dealers are responsible for keeping their cases and showrooms clean and neat.  Generally, AAG is responsible for the cleanliness of the Gallery, including the outside of the glass showcases.  Dealers are asked to ensure that the interior of their showcases be cleaned periodically.  Cleaning supplies are available for dealers’ use.  It is also recommended that dealers, who sell furniture, dust occasionally.

Dealers are asked not to merchandise their cases-showrooms during special Gallery sales events & promotions. 

Dealers are asked to remove all supplies, boxes and wrapping material after stocking merchandise.  No supplies, boxes or other containers may be left or stored in the Gallery, without prior approval.  AAG is a smoke free and pet-friendly environment.  Food and drink is not permitted in the gallery area.   Please clean up after yourself. 

Marketing:  AAG management promotes the Gallery in a variety of ways.  These include public relations, advertising, special events, involvement in local and trade associations and with cooperation with other antique establishments, etc.  AAG advertises in local and regional newspapers and magazines, as well as local, regional and national trade publications; direct mail advertising is also utilized.  The Gallery is also promoted globally  through internet search engines, with extensive descriptive tagging, so your potential customers can find you. 

Under no circumstances should AAG property be removed from the premises. 

Non-Local Dealers: Merchandise shipped to AAG by non-local dealers must: be labeled in English on AAG (or identical) labels, be priced in U.S. dollars, be clean and ready to go immediately into the dealer’s case or showroom, and be accompanied by a list of each piece of inventory included in the particular shipment.  AAG will provide a form for this list.  Merchandise received without an inventory list will not be placed in a dealer’s case or showroom until an inventory list is received and the inventory verified. 

Gallery Cleaning: AAG provides periodic cleaning of your cases and maintains the display of your merchandise. 

Rent Payment: Rent is due on the first day of each month.  When a dealer agrees to join the Gallery, a security deposit and the first month’s rent must be paid in full.  From that point a dealer will have their rent payment automatically deducted from the final payout of the previous month. Rent is deemed to be past due by the 6th of the month, and a 10% late fee will be assessed. Rents paid via credit card will carry a 3% surcharge. Dealers that are 60+ days behind in their rent are subject to having their items "impounded" and their items liquidated at the highest offer, to cover their delinquent rent payments. Dealers should always give at least a 30 day notice. Failure to do so will result in a forfeit of deposit. Current month (and any "back" rent) will need to be collected before a dealer can vacate. Move outs with less than 8 days notice will carry a $50 penalty to cover accounting costs that are out of the routine schedule.

Credit Card Clearing and Verification: AAG subscribes to a credit card clearing and verification service.  All payments to the Gallery made by this method are guaranteed, eliminating the risk of non-payment on credit cards.  License identification is required on all credit card and check payments to help ensure security and prevent fraud.

Taxes and Business Licenses: Because each dealer is consigning merchandise to the AAG for sale and is trading under the name Atlanta Antique Gallery, no dealer is required to obtain a business license form the City of Chamblee.  However, each dealer is responsible for any ad valorem taxes which may be assessed at year-end.  If for any reason the ad valorem tax for a dealer’s merchandise is assessed to AAG, the dealer must repay AAG in full within 30 days of notice from AAG.

Georgia state sales tax is collected from all retail customers and paid by AAG to the state tax authorities.  Wholesale customers/dealers must comply with state law to purchase items tax-free.  AAG requests that each dealer provide a copy of its Resale Certificate when leasing a case or showroom; this information will become part of the dealer profile.

Dealers who desire to purchase merchandise tax-free from AAG must complete or provide a Georgia Sales and Use Tax Certificate of Exemption.  The information will kept on file.  Each dealer must complete and ST-5 form as part of the dealer profile.

Insurance, Theft & Inventory Control: Each dealer accepts full responsibility for their rented space and their merchandise, and shall not hold AAG responsible for any loss, damage, internet fraud, or theft.  Further, dealers are encouraged to audit their inventory  every 30 days, as the Gallery video surveillance records are only archived for a 14-16 day period. The Gallery will be fully supportive in providing any/all evidence to support any theft prosecutions. It is understood that AAG does not accept any role of Bailee in any bailment claims against the Gallery.

AAG does not provide insurance on dealers’ merchandise.  Dealers should provide their own insurance coverage for any and all losses included, but not limited to, handling damage, fire, flood, internet fraud, and theft. This in many instances may be covered by the dealer’s home owners/rental insurance. At no time does the Gallery have legal ownership of the dealer's inventory, nor does the Gallery maintain individual dealer inventories.

AAG employees will make reasonable efforts to handle dealer's merchandise in a safe and prudent manner.  However, should an employee break or damage an item, AAG will reimburse the dealer 35-40% of the sale price of the item (the approximate wholesale cost).  If a customer breaks or damages an item, AAG will request payment form the customer; in this instance, dealer's are encouraged to only charge 40% of the retail price (the approximate wholesale cost) in any such instances. Any settlement amount will be capped at a maximum of 1 month worth of dealer rent. Settlements are typically therefore paid in dealer "comp'ed" rent.

It is also agreed that AAG shall be liable as an insurer of persons, life, limbs, or property, and will be liable to anyone, whomsoever, for the death of, or injury to any person, or any loss which may, at times, be occasioned solely or in part by or because of any negligent act, gross negligent act on the part of the Gallery, its employees or agents.

Lease Contract Adjustments: Active Dealers who would like to re-renegotiate more or less space, or their monthly rental rates should understand that any new agreement agreed reached constitutes a new 6 month agreement. AAG does not operate with month to month rolling agreements.

Lease Expirations:
Dealers who have completed their initial 6, 9 or 12 month lease, can then renegotiate new terms for their next lease cycle. Rates may be higher or lower based on current market conditions, and occupancy rates. Dealers wishing to end their lease must give at least 30 days written advance notice, and must be in "good standing" prior to vacating AAG. Lease terminations are always effective on the last calendar day of the move out month. (Dealers may vacate early, however there is no rent pro-ration between the move out date and the end of the calendar month).

Lease Agreement Breaches:
In the event of a breach of this Agreement, including but not limited to: non-payment of rent, late payment of rent, misrepresentation of the authenticity of product, or any other breach of this Agreement, the Gallery shall have the right to immediately terminate this Agreement, claim possession of the display cases, lock up or remove the Tenant’s merchandise, and exercise all other remedies to the Gallery in accordance with the laws of the State of Georgia.

In the event the Gallery deems it necessary to refer a case of non-payment of rent or eviction to an attorney, Tenant agrees to apply all attorney fees, court costs and collection expenses.  Any and all such proceeding shall take place according to the laws of the State of Georgia.  Also see dealer abandonment terms & conditions (below). Any unprofessional dealer behavior/conduct will be deemed as grounds for immediate lease agreement termination.

Quality Control: AAG reserves the right to review the inventory brought into the Gallery to insure quality.  If the gallery deems any inventory sub-standard, Gallery has the right to remove any such inventory.  

Grandfathered Dealers: 
Active Dealers who were previously contacted under the prior ownership of AAG (succession date 8/15/08) can request certain exclusions to the current Terms & Conditions as presented here, citing the specific conditions of their original contract agreement. If these conditions are deemed to be "material" in nature, then AAG & the grandfathered dealer should compose an updated agreement. In the absence of a new updated agreement, it is to be expected that any grandfathered dealers will then therefore be aligned to the most recent AAG Terms & Conditions as outlined here.

(NOTE: Due to the Gallery's Jan 2011 flood, any inventory & condition inconsistencies on item numbers 49850-60100 (listed on or before Feb 1st 2011), the ownership of AAG assumes no knowledge or responsibility of or to, unless brought to AAG’s management by 7/1/11.)  AAG finalized all and any outstanding insurance claims as of Aug 2011.Dealers were advised that 50% of their deposit/s were used towards Feb/Mar 2011 "rent free" time, when the Gallery was closed for repairs.

Items 49849 (listed on or before Aug 14th 2008) and lower, the current ownership of AAG assumes no knowledge or responsibility of or to, unless brought to AAG’s management by 11/15/08.)

Dealer/Consignor Abandonment: Any dealer who becomes 90 days past due (or more) in their rent, and has made no contact with AAG to communicate  their intention to continue as an active dealer at AAG will  be considered to have abandoned their inventory at AAG. AAG will no longer continue to sell on behalf on this dealer. After a period of 120 days AAG then reserves the right to liquidate the abandoned inventory any way it sees prudent, with no recourse from the abandoning dealer. It is not the responsibility of AAG to "chase" dealers with abandoned inventory to understand what their intentions are.
AAG is always open to working with dealers who have fallen into a situation of financial difficulty and will gladly work out a payment plan within the first 90 days of delinquency. AAG reserves the right to sell a dealer's inventory, with higher than normal (upto 50% discount) discounts in an attempt to keep a delinquent dealer's status current. This will only be done when a dealer has become 60 days past-due, and has made no contact to AAG.  
Exception:  In the event of a dealers death, AAG will work the trustee of the dealers estate without the above conditions being in effect.

Dealer/Consignor Move-Out's: All dealers/consignors should schedule a move-out date & time. This will allow AAG to be in a position to create a correct & timely final statement. Any dealer/consignor inventory issues, must be addressed before the vacating dealer/consignor departs AAG. Once a dealer/consignor has "moved-out" there will be no recourse on inventory issues, unless reported by the vacating dealer/consignor prior to vacating AAG. Any remaining inventory that is not collected by the departing dealer/consignor, at the time of vacating will subsequently deemed as "abandoned".  Dealers/consignors should also return their AAG tags at the time of their vacating, so that the appropriate web updates/deletions can take place. This process can also be used to confirm the vacating dealer/consignor's actual inventory removal. AAG takes no responsibility in tracking, tracing "left-behind" inventory, for the vacating dealer/consignor.

Delivery Services:
AAG does not provide a delivery service but maintains a list of companies who provide this service if customers or dealers need an item delivered.  AAG also maintains a list of other services customers may need.  If you need more information or have a service that may be added, please let us know.

Consignor Abandonment: Any consignor (a non rent paying dealer) who does not communicate with the Gallery at least once every 90 days will have considered to abandoned their items on the 91st day.  After this period AAG then reserves the right to liquidate the abandoned inventory any way it sees prudent, with no recourse from the abandoning consignor/dealer.

Miscellaneous:  Parental guidance is necessary when bringing children into the Gallery.  Dealers are responsible for the behavior of any children that may accompany them to AAG. No food or drink may be consumed in the Gallery except in designated locations.
The use of refinishing products or other such materials is not allowed in the building.  Please make sure the merchandise you bring is clean and ready for display. Dealers should notify Gallery management of any customer-related issues. All showcases are pre-lighted and each showroom has an electrical outlet.  Dealers should provide (and set) their own electrical timers. Please let management know if you have lighting or electrical issues. Shipping materials are available for sale (boxes, tape, packing materials, etc.) to Gallery dealers upon request. AAG does not provide public restroom facilities.

Policy Updates: Updated policies & procedures can always be found here on AAG’s website. It is recommended that Dealer's review this page at least every 90 days to stay current with these policies & procedures. AAG will communicate material changes as needed via e-mail, and on monthly statement messages. It is the dealers responsibility to have read & understood these policies (and subsequent updates).

Thank you for being a part of the Atlanta Antique Gallery.  We’re happy to help you.  We are open to your ideas to help increase your sales and enhance customers; experience.  Please notify AAG management of any concerns, questions or suggestions; these will be held in confidence.

Sincerely,

Yvonne and Allan Auld

These terms & conditions represent the total agreement between Tenant/Lessor and the Atlanta Antique Gallery, and is governed by the laws of the State of Georgia. 

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