Reinier advises national and international companies
reinier.russell@russell.nl +31 20 301 55 55Are you planning to enter into a shop-in-shop agreement? This is what you should keep in mind.
The term “shop-in-shop” can be taken literally. It is actually a store within a store. A large retail shop or department store makes available part of the store to another shop. The other shop is allowed to exploit its brand in this particular part of the store. This formula is getting more and more popular and, for instance, Debenhams and the Dutch department store De Bijenkorf are typical examples of large (host) stores making increasing use of shop-in-shop concepts.
There are different kinds of shop-in-shop arrangements, such as concession, operating, co-operation and lease agreement. Mostly, the latter is chosen, where part of the store is (sub-) leased to the shop-in-shop keeper.
Lots of things are involved when entering into a shop-in-shop agreement. Not only the usual arrangements regarding, for instance, usage fee/lease, duration of the agreement and how the cooperation must be terminated will have to be considered. The host store and the shop-in-shop keeper would be well-advised to make agreements in writing on the following:
In case of shop-in-shop one may think of a clothes shop within a clothes shop or department store. In a large retail area often the different functions of retail, catering, service, and culture are combined. This way there will not just be “shop-in-shops” but also, for instance, “restaurant-in-shops”.
However, not all functions can be combined just like that. Both the lessee and the lessor have to take into account the regulations concerning blurring.
Would you like to learn more about shop-in-shop and what you have to keep in mind for the purpose of a shop-in-shop concept? Please contact us. We will gladly assist you!
Probably as of 1 July 2024, terminating temporary lease of residential accommodation will become more difficult for landlords. However, there are some exceptions. What are the new rules for temporary letting of residential accommodation?
Expedited liquidation is a quick way to terminate a legal entity. However, the scheme was also abused, disadvantaging creditors. A new law should prevent this. What requirements does an expedited liquidation have to meet from now on? And what options do creditors have to collect their claims?
Why is it wise for a landlord to include a diplomat clause in a temporary rental agreement and what is the content of this clause?
Entrepreneurs may have various reasons for ending their businesses. Expected profits may be disappointing, retirement may be approaching or a partnership (joint venture) may be ending. What should entrepreneurs bear in mind when terminating a business?
In principle, the enforcement of foreign judgments is a national matter. But what if a dispute has already been dealt with by a foreign court? Can such a foreign judgment be enforced in the Netherlands or not?
An African mask that was sold for 150 euros fetched 4.2 million euros at an auction. Were the French sellers able to undo the sale? How would this case have ended in the Netherlands?
