1. Parties Involved
- Consignor (Seller): hereafter referred to as the "Seller," who owns the items to be sold.
- Consignee (Online Marketplace Trader): Calm Space, hereafter referred to as the "Trader," who agrees to sell the Seller’s items on eBay or other online Marketplace platforms under the terms of this agreement.
2. Consignment Process Overview
- The Seller agrees to consign items to the Trader, who will list and sell these items on eBay or other platforms on behalf of the Seller.
- Once the Sellers consignment is received, the Trader will check the items and the items will be listed within 7 days providing the items are in good order. If there are any queries the Trader will contact the Seller. The consignment agreement will remain valid for 40 weeks from the date of listing.
3. Item Submission Requirements
Consignment Note: The Seller must complete and submit a consignment note, which includes:
- Full description of the item (e.g., brand, model, year, dimensions, features, colour, size).
- Condition of Item: The Seller is responsible for providing accurate information on the item’s condition. If the item is misrepresented, the Trader reserves the right to return the item at the Seller’s expense or adjust the listing accordingly. Items should be in very good to new condition and be free of stains, damage, flaws or odour. (Some items with minimal damage/flaws may be accepted - the Seller should add a note to the consignment and take an image of the damaged area). Items such as watches, cameras and toys should be tested and in working order.
- Include any original packaging, accessories or receipts.
- Your expected minimum sale price. The Trader will contact the Seller if, after researching the market price, they believe the item is unlikely to achieve the Seller's 'expected minimum sale price'.
- Contact and Clarification: Upon receiving the consignment note and images, the Trader will contact the Seller only if an item(s) does not meet the terms and conditions of this agreement.
4. Local Drop off, Posting, Courier or Collection of items
- Drop-Off: The Seller may drop off items at an agreed local Drop off location
- By Post: The Seller may arrange to have their item(s) posted to the Trader at their own expense
- Collection: The Trader will contact the Seller to book a collection day from the Seller’s address.
5. Listing and Sale of Items
- Listing Time: The Consignee agrees to list the item(s) on eBay within 7 days of receiving the item(s).
- Description: The Consignee will create a detailed and accurate listing.
- Duration of Listing: Listings will remain active until the item is sold or the consignment period ends, 40 weeks.
- Price Setting: The item will be listed at a market-competitive price based on the Consignee’s recommendation. The Seller agrees to a price reduction to a maximum of 15% of an item if it is receiving little or no viewings from buyers after 30 days.
6. Consignment Period and Unsold Items
- Consignment Time Frame: The consignment period is 40 weeks from the date the item is listed.
- Unsold Items: If an item does not sell within the 40 week consignment period, the Seller will be notified, and the following options will be provided:
- Renewal of the consignment agreement for another term (if both parties agree).
- Return of the item to the Seller at the Seller’s expense.
- Donation of the item (with the Seller's consent).
7. Fees and Commissions
- Commission Rates: Upon the successful sale of an item, after all deductions (packing and shipping, eBay fees, any additional services carried out for the Seller by the Trader ie: garment cleaning, item repair etc), the Trader will deduct a commission from the net sale price for their services. The current commission rates are calculated as follows:
- 40% (£30 - £249)
- 35% (£250 - £999)
- 30% (£1000+)
- Payment to Seller: Pay outs are made monthly, once the item is successfully delivered, the funds from the buyer has cleared, and the buyer does not request a refund or return ( 14 days after the buyer receives the item).
8. Returns and Refunds
- The Consignee will manage any returns, disputes, or refunds according to eBay policies.
- If an item is returned due to misrepresentation or defects not disclosed by the Seller, the Seller will bear the costs associated with the return or any refund issued to the buyer.
9. Liability
- The Trader will take reasonable care to protect the item while it is in their possession and during the shipping process.
- The Trader is not liable for any loss, damage, or theft of the item once it is shipped to the buyer.
- The Seller is responsible for ensuring the accuracy of the information provided about the item, including its condition and authenticity.
- Authenticity of Items: If you are not absolutely sure or do not have proof of authenticity, we will not sell your item. If an item is found to be counterfeit after a sale, the buyer will be refunded and asked to return the item at the Seller's expense and Trader will dispose of the item. There will also be a £25 administration charge and possible termination of this agreement.
10. Termination
- Either party may terminate this agreement with 14 days written notice. In the event of termination:
- Any unsold items will be returned to the Seller at their expense.
- The Seller will not be entitled to any future proceeds from items that have not yet sold.
- Any sold items will be settled according to the agreed commission structure.
11. Dispute Resolution
- In the event of a dispute, both parties agree to first attempt mediation before resorting to legal action.
- Any unresolved disputes will be subject to the jurisdiction of the courts of England and Wales.
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