1. Parties Involved
- Consignor (Seller): hereafter referred to as the "Seller," who owns the items to be sold.
- Consignee (Online Trader): Calm Space, hereafter referred to as the "Consignee," who agrees to sell the Seller’s items on eBay under the terms of this agreement.
2. Consignment Process Overview
- The Seller agrees to consign items to the Consignee, who will list and sell these items on eBay on behalf of the Seller.
- Items will be listed within 7 days of receiving them from the Seller, and the consignment agreement will remain valid for 40 weeks from the date of the consignment.
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, 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 Consignee 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 or odour. (Some items with minimal damage may be accepted - the Seller should add a note to the consignment note and take an image of the damaged area). Items such as watches, cameras should be tested and in working order.
- Any original packaging or accessories.
- Your expected minimum sale price. The Consignee 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 Consignee 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 the item at an agreed Drop off location
- By Post or Courier: The Seller may arrange to have the item delivered by courier or posted to the Consignee at their own expense
- Collection: The Consignee will 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 on eBay.
- 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 (eBay, payment processing, and shipping costs, along with any additional services carried out for the Seller by the Consignee ie: garment cleaning, if applicable), the Consignee will deduct a commission from the net sale price - 40% (£30 - £249) 35% (£250 - £999) 25% (£1000+) for services rendered.
- Payment to Seller: Pay outs are made approximately 14 days following a sale, once the funds from the buyer clears, the item is successfully delivered and the customer does not request a refund or return.
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 Consignee will take reasonable care to protect the item while it is in their possession and during the shipping process.
- The Consignee 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 Consignee will dispose of the item. There will also be a £25 administration charge and possible termination of our 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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