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Children's clothing franchise contract


Party A: Shanghai Clothing Co., Ltd.

Party B:

The first general contract

1. In order to expand the children's wear sales market, Party A launched a franchise program.

2. In view of the application by Party B, Party A shall grant Party B a single point of franchise operation according to the affiliate program.

3. Party B voluntarily applies to join the operation of the specialty store or counter, accepts the franchise right of the single-point single cabinet granted by Party A and is willing to become a member of the franchise.

4. Both Party A and Party B shall sign this contract with mutual agreement on the principles of voluntariness, equality, honesty, credit and joint market expansion.

The second contract guarantee and affirmation

1. Party A shall ensure that Party B shall supply the goods according to the order confirmed by both parties, and Party B shall guarantee that only Party A's products for display and retail will be purchased from Party A.

2. Party B strictly implements the franchise plan implemented by Party A to facilitate the healthy development of the business. Party B guarantees that it will operate according to the business model stipulated by Party A and provide services to customers in accordance with the service quality standards stipulated by Party A.

3. Party A declares that Party B and its employees, agents and representatives are not considered as employees, agents, partners, joint ventures or representatives of Party A under any circumstances; Party B shall not act or act directly or in the default manner. Attempting to act as a representative, joint venture, partner or representative of Party A; Party B shall not assume or attempt to assume or attempt to assume or create any obligation or liability on behalf of Party A or Party A in any express or default manner, regardless of such obligation What kind or nature?

Article 3 Franchise Area, License Period and Contract Term

1. In this contract, Party A's franchise authorization area for Party B is.

2. The term of the franchise license and the term of this contract shall be from _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Party B may, within three months prior to the expiration of the contract, submit a written request to Party A to extend this contract. By mutual agreement, the contract may be extended for a leap year.

Article 4 Contents and scope of franchise license

1. Party A shall franchise Party B to use the "" and "." registered trademarks independently owned by Party A during the contract period, and Party B shall operate the series of products in the manner and style of operation.

2. If Party B obtains the above license for the franchise, it shall operate and manage according to the requirements of Party A, and shall not exceed the scope of license and the period of license. The rights may not be transferred without the written consent of Party A.

Article 5 Brand Authorization Use Margin

1. In order to promote the development of Party B's business and reduce Party B's operating costs, Party A shall waive Party B's franchise fee and only receive Party B's authorized use of 5,000 yuan. The deposit may be fully converted into payment or refunded after the expiration of this franchise contract. After the expiration of this contract, if the contract is renewed, Party A will no longer receive the license for the use of the brand of Party B.

2. Party B shall pay Party A a one-time payment of the brand authorization use deposit and the initial purchase price of RMB 15,000 from the date of signing this contract. This contract shall take effect from the date on which Party B pays the prescribed brand authorization use deposit and the first purchase price.

Article 6 Store Address

1. Party A's authorized party ___________ Mr./Ms. opens a franchise store in the _______ province ________ city/county ______ _ area, the specific address of the franchise store is.

Party B shall file a copy of the store's decoration renderings and the business license in the first month of the store.

2. Party A promises not to allow other third parties to operate other franchisees within the same area of ​​the franchise store opened by Party B, and promise not to supply products to other operators in the same region.

3. If Party B wishes to change the location of the franchise store as stipulated in the first paragraph of Article 6 due to geographical environment or other reasons, Party B shall submit a written change request to Party A, which may be changed after Party A's written approval.

Article 7 Additional Party B shall construct a new franchise store or counter outside the store site specified in the first paragraph of Article 6. It must be approved by Party A and sign a franchise with Party A for the new franchise store or counter. contract.

Article 8 Goods purchase and delivery

1. After the signing of the franchise contract, Party B prepays 10,000 yuan for the first purchase advance payment, together with the 5,000 yuan brand authorized use deposit of 15,000 yuan, and remits it to Party A's account. After that, the first batch of purchase payment will be paid by the first purchase payment. buckle.

2. The first purchase of more than 10,000 yuan of prepaid payment and the subsequent purchase, Party B will remit the payment to Party A's account according to the actual order amount, and Party A will confirm the remittance and deliver it.

3. The goods provided by Party A to Party B shall be settled according to the unified supply price, and the discount for special goods or promotional items shall be separately formulated.

4. Party A must provide the delivery list for each shipment. The delivery list is loaded into the commodity box. Party B checks the goods with the delivery list. If there is any difference, it should be notified to Party A in writing two days after receipt. Otherwise, Party B will receive and accept the newly arrived items on the delivery list.

5. Party A and Party B shall separately record the receipt and delivery of each shipment and reconcile once a month.

5. Party A shall deliver the goods to Party B through ordinary freight and express delivery, etc. Party B may choose the delivery method according to its own needs, and Party B shall bear the transportation cost of the delivered goods.

Article 9 Return

1. Return and exchange means that Party B will return the goods with quality problems or backlogs to Party A, and refund the purchase price of the goods to a certain proportion to redeem the new goods. Return and exchange is limited to merchandise exchange and does not involve cash payment.

2. If Party B receives the goods with the quality problem, Party B shall submit the return application to Party A within three days after receiving the goods, and return the goods to Party A within five days after receiving the goods. Party A shall be responsible for the full return, but Party B shall be Party B. If the goods caused by third parties are defective, Party A will not return them, and the losses caused by Party B shall be borne by Party B.

3. If Party B causes a backlog of goods due to sales reasons, Party B shall submit an application for replacement within 30 days of delivery and return the backlog of goods. After receiving the returned goods from Party B, Party A shall exchange the new amount of goods at the amount of 80% of the actual purchase amount returned by Party B. The exchange of goods to return goods does not affect the second sale. Party B's accumulated return amount shall not exceed the actual purchase amount paid in cash.

4. Party A provides Party B with the franchise store inventory adjustment platform service on Party A's website. Party B can freely choose the transfer target on the transfer platform and adjust the inventory to each other.

5. Party A shall provide Party B with the backlog of merchandise sales service on Party A's website. Party B may entrust Party A to sell on behalf of Party A on behalf of Party A. Party A shall collect the handling fee according to 20% of the sales of the merchandise. .

Article 10 Rebate Policy

1. The franchise store will receive a year-end rebate reward after reaching the specified purchase amount:

The accumulated purchase amount reaches 50,000 yuan to obtain a rebate of 2% at the end of the year;

The accumulated purchase amount reaches 100,000 yuan to get a 4% rebate at the end of the year.

Article 11 Party A's Rights and Obligations

1. In order to ensure the uniformity of the franchise system and the consistency of product service quality, Party A has the right to supervise Party B's business activities.

2. Party B violates the provisions of the franchise contract and infringes the legitimate rights and interests of Party A. Party A has the right to terminate this franchise contract unilaterally, and all responsibility arising therefrom shall be borne by Party B.

3. Party A is obliged to provide Party B with stable, rich and high-quality supply support, and gives Party B effective advice and practical aspects in terms of shop design, product positioning, purchase selection, new promotion, promotion and customer resources. stand by.

Article 12 The rights and obligations of Party B

1. Party B shall carry out store decoration and furnishings with the "and." brand logo and the standard style of the storefront provided by Party A.

2. Party B must completely sell the goods supplied by Party A. If it needs to sell other supplementary goods, Party B must obtain prior written approval from Party A.

3. When Party B wants to make external advertisements for products, trademarks or trade names related to "", Party B shall obtain prior written approval from Party A and use the materials agreed by Party A.

4. Party B is entitled to the right to priority supply.

Article 13: Existing rights and use rights of trademarks

1. All marks bearing the meaning of "and." or "and." are owned by Party A. Party B shall not register any mark of Party A or the relevant enterprise of Party A without Party A's prior written permission. You may not use any of the transactions provided by Party A that are marked outside of this contract.

2. If Party B violates the provisions of Item 1 of Article 11, in addition to the breach of liability in accordance with the provisions, Party B shall also compensate Party A for all losses suffered by Party B due to breach of contract by Party B.

3. All goods and articles with "and." trademarks and emblems must be purchased from Party A. When used in franchise stores, they must be recognized by Party A in advance.

4. Party B can only use trademarks, service marks and labels or signs indicating these signs in the franchise store or counter.

5. Party B shall use the trademark and service mark within the scope authorized by Party A and must use it as it is provided by Party A, and shall not make any changes to it.

Article 14 Dissolution and Termination of the Contract

1. At the expiration of this contract, if the parties do not reach an agreement, the contract will automatically terminate upon expiration.

2. During the term of this contract, if both parties agree to terminate this contract in advance and reach an agreed written agreement, this contract may be terminated earlier in accordance with the agreement.

3. Party B has one of the following acts: Party A has the right to terminate this contract in advance.

1) Party B counterfeits and abuses trademarks.

2) When Party B is ordered to suspend business for rectification due to illegal business operations or to revoke the business license or other certificates required for business operations.

3) Party B violates this contract, infringes on the legitimate rights and interests of Party A and undermines the franchise system.

4) Party B has not negotiated with Party A, no longer fulfills the agreed cooperation obligations, and unilaterally withdraws from joining.

4. When the contract is terminated or terminated, Party B shall not use the trademark for any reason. Within one month after the termination or termination of this contract, Party B shall bear the expenses at its own expense and dismantle all the decorative materials, store decoration, light boxes, publicity materials, etc. containing all the trademarks, logos, trademarks, service marks, etc. of Party B. Otherwise, it is deemed that Party B is in breach of contract and infringement against Party A. Party A has the right to claim.

5. If Party B terminates automatically after the expiration of this contract or terminates in advance by negotiation between Party A and Party B, Party B may request to stop using and dismantling all items marked with " " and " . " according to the requirements of item 4 of this Article. The brand authorized use of the full amount of the deposit into the purchase price or the full refund of the brand authorized use deposit after the expiration of the original contract of this contract.

6. If Party B has earlier termination of this contract due to Party B's actions listed in item 3 of this Article, Party A will no longer refund the authorized use of Party B's brand, and reserves the right to continue to recover Party B's liability for breach of contract.

Article 15 Force Majeure

1. If the event of force majeure or non-existent control or foreseeable events occurs, including but not limited to earthquakes, typhoons, floods, fires, wars, government actions, accidents, and labor problems, Party B cannot obtain products. In the event that the contract cannot be fulfilled, one of the above-mentioned force majeure shall immediately notify the other party in writing of the accident and shall provide the details of the accident and the written information that the agreement cannot be performed or needs to be extended within 15 days.

2. In the event of any situation other than force majeure that cannot be controlled by Party A, Party A may notify Party B in writing to terminate the contract immediately, and shall apply the provisions of Article 13, paragraph 2.

3. If the contract is terminated due to the reasons of the first paragraph and the second paragraph of Article 13, Party A shall give Party B all the benefits immediately and cancel the mutual responsibilities, but Party B shall still bear the expenses within one month after the termination of the contract. Demolition of all chain store light boxes and all related decorative appliances, store decorations, promotional materials, etc., otherwise deemed to be breach of contract and infringement.

Article 16 Applicable Law

The conclusion, validity, interpretation, performance and settlement of disputes of this contract are governed by the laws of the People's Republic of China.

Article 17: Settlement of disputes

The dispute arising from or in connection with this contract shall be settled through friendly negotiation. If the negotiation cannot be resolved, either party may appeal to the people's court of the place where the contract is signed.

Article 18: Confidentiality clause

Party B agrees to keep the commercial information provided by Party A to Party B confidential during the term of this contract. If some or all of the above materials are announced by Party A, Party B will no longer assume confidentiality obligations for the public part.

Article 19 Notice

Any written notice shall be deemed to be served if it is served on the notifier by the company's address or graphic address as stated in this contract.

Article 20 Supplementary Provisions

The matters not covered in the above clauses shall be settled through negotiation between the two parties. The agreed supplementary contract terms shall be deemed to be the subsidiary files of this contract after being signed by both parties and shall be deemed to have the same legal effect as this contract.

Both parties agree to sign this contract and have read and understood the provisions contained in the terms of this contract and agree to be bound by it. This contract is made in two copies, one for each party. This contract shall be signed and sealed by both parties and shall take effect from the date on which Party B pays the full amount of brand authorization to use the deposit.

Party A: Shanghai Clothing Co., Ltd. Party B:

Legal representative: ID number:

Time: Contact number: Time:

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