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TERMS AND CONDITIONS...
Terms & Conditions of Consignment Agency by allowing your items to be collected by SELLCO you agree to be legally bound by these terms & conditions.
Please read them carefully. If you have any questions please contact us.
1. Introduction
These terms & conditions (the Terms) shall govern and be incorporated in every Contract between SELLCO (the Company) and the seller (the Seller) of an item or group of items on the eBay online sales platform, any other auction platform (each a Site) or any other selling channel. In these Terms, Contract means each individual arrangement for the Company to place an item/s on the Site on behalf of the Seller, and any purchaser of an item/s is the Buyer. The Company may require identification evidence from every Seller (one of the following: passport, driving license, utility bill or other photo IDs), before it can act on the Seller's behalf.
2. Item/s
The Company agrees to act as a broker for the Seller. The Company does not buy the item/s from the Seller. The Seller remains solely responsible for any:
- statement the Seller states about or description of a item/s including but not limited to references as to its ownership, origin, date, age, or authenticity; and
- faults or defects in any item/s; and
- any other statements the Seller does or says in relation to the item/s including but not limited to any breach of these Terms.
The Seller must provide the Company with true and accurate information regarding each individual item/s.
The Seller will be charged all associated costs relating to any item/s found with a fault/s in any form that has not been highlighted to the Company.
3. The Buyer
The Company does not act on behalf of the Buyer. The Company cannot guarantee the existence of, or bids made by, a Buyer or other bidders and are not responsible for anything they do or say in relation to an item/s, including but not limited to any breach of the rules of the Site (the Rules). The Seller shall be entitled to place a reasonable reserve price on any item/s. The Company charges a fee of £10 plus 3% of the actual reserve price (the Reserve Fee) for setting such a reserve price (the Company will credit the Seller for this fee should the item/s sell) and subject to any Reserve:
- the Company has absolute discretion to refuse any bid, to divide any item/s, to combine any two or more item/s or to withdraw any item/s from sale as permitted by the Rules; and
- the highest bidder reasonably acceptable to the Company shall be the Buyer; and
- subject to the provisions of the Rules if, during the sale of a item/s, the Company considers that a dispute has arisen, or in any other circumstances in which it would be reasonable, the Company may immediately put up the item/s again for sale or, alternatively, it shall be the sole arbitrator in any dispute between bidders and its decision shall be final and binding on all concerned.
4. The Purchase Price & Commission
In return for the provision of its services, and in addition to any Reserve fee, the Seller authorises the Company to deduct commission of 10%,15% OR 17.5% according to the companies fee structure. (or less if so specified on the Seller's Transaction form) of the purchase price paid by the Buyer.
Collection is charged according to the companies appropriate fee structure (see single item fees and multi item fees)
Also collections taking more than 30 minutes from our depot at TN35 will be classified as a removal service and a reasonable additional fee will be applied.
( see collections )
Where a Seller cancels instructions for the sale once the item/s have be listed and the auction commenced, the Company will charge 3% of the Reserve Fee (if applicable) and a £15 fee plus 10% handling fee per item cancelled as a contribution towards its reasonable administrative costs and where applicable to cover a compensation fee for the highest bidder at the time.
The Company shall remit the remainder of the purchase price received from the Buyer to the Seller within one week of the Buyer receiving possession of the item/s from the Company. A dispute with the Site, Buyer or a bank will pause this period. In addition late payment from the Buyer will also pause the one week period.
The item/s will not be dispatched to the buyer until full payment has been received from the buyer and cleared in the company’s bank account
- Where any item/s fails to sell, the Company will notify the Seller accordingly. The Seller will make arrangements either:
- for the Company to re-offer the item/s for sale for a fee of £3/item; or
- to collect the item/s within 7 days of being so notified; or
- to instruct the company to give the item/s to a charity.
- Dispose of the goods as the company sees fit.
If such arrangements are not made within 7 days of notifying the Seller that their item/s have not sold, the Company will have the right to l sell the item/s as an unreserved lot to cover its reasonable administration costs. This right is agreed to by the seller on signing to these ‘terms and conditions’.
5. The Seller's Obligations
The Seller confirms that:
- all information supplied regarding the Seller's identity and each item/s is true and accurate; and
- it is the owner of the item/s, or is authorised to sell the item/s by the true owner, and that it is able to transfer full ownership (risk and reward) of the item/s to the Buyer free from any other claim; and
- it is selling as a private individual and not acting in the course of a business; and
- it is not registered for VAT. If this is not the case, the Seller should notify the Company in writing giving the VAT registration number.
- in addition to these Terms it will comply with the Rules for each Site, which for the main current site eBay can be accessed on http://pages.ebay.co.uk/help/community.
6. Personal Data
The Company shall use the personal information supplied regarding the Seller to provide the services as requested by the Seller under each Contract.
The Company will not publish the Seller's personal information on the Site or pass it to any third party unless required to do so by the Rules of the Site, e.g. in the event of dispute, or by law.
The Company may from time to time contact the Seller with information about the Company's services but the Seller shall be given an opportunity to opt-out of receiving such information during registration or may subsequently do so at any time.
7. General
All Contracts to which these Terms apply shall be governed by the laws of the relevant territory within the UK in which the Seller lives and the courts of that territory shall have the exclusive right to deal with any dispute.
The Seller acknowledges that the Company will commence supplying its services to the Seller when a Contract is agreed. As a result the Seller should be aware that it does not have the right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation.
The Company's rights under each Contract remain in force at all times. If the Company does not enforce any or all of these rights for any period it does not mean that it has given them up.
The Company will compensate the Seller for any loss or damage that the Seller may suffer if it fails to carry out its obligations under each Contract to a reasonable standard or breach any duties imposed on it by law (including if it causes death or personal injury by its negligence) unless that failure is attributed to:
(a) the Seller's own fault;
(b) a third party unconnected with the Company's provision of services under this Agreement; or
(c) events which neither the Company nor its suppliers could have foreseen or forestalled even if they have taken reasonable care.
Prior to an auction being concluded the company values each item/s for the purpose of possible compensation shall be the higher of its Start Price and Reserve Price.
After the conclusion of an auction it will be the higher of its Start Price and the highest bona fide bid.
