T'S AND C'S
1. These terms
These terms and conditions form the complete agreement under which you (as a seller of items) will do business with us Your Treasure Trove. This Agreement constitutes the entire agreement and understanding between you and us in relation to the subject matter thereof. This Agreement shall supersede any prior representations relating to the subject matter of this Agreement.
We may at any time update these terms and conditions by publishing new terms and conditions on our website at www.yourtreasuretrove.co.uk which shall constitute notice to you of any such change. Any new terms and conditions so published will supersede these from their time of publication. These terms and conditions are governed by the laws of England and Wales. Any dispute shall be subject to the exclusive jurisdiction of the English Courts.
2. Collection, Bailment and Disposal of Unsaleable Items
In cases where we have them at our premises, we will act as bailee for your items from the time of delivery to our warehouse or loading into our van. Where we arrange collection by a third-party courier, you agree that liability for the items in transit shall be according to their terms and conditions, which are available on request.
If after six months (or earlier by agreement) your item has not sold, we will consider it unsaleable; this will terminate any agency relationship for that item and we will revert to acting as mere bailee in respect of that item.
We will give you two week's notice to collect any unsaleable items (or where you have elected for disposal of unsaleable items, without any notice), and at the end of any such notice period you agree that full legal title to any uncollected items shall transfer to us. Upon such a transfer of ownership, the bailment ceases and we will bear any cost or reward for disposal of the items.
Should transfer of ownership fail for any reason, we will continue to act as bailee for uncollected items for the sum of £25 per item per week until either you collect the items or you authorise us to dispose of the items at your expense.
3. Acting as selling agent
By giving us possession of an item, you authorise us to act as your selling agent (bailee) for that item. We agree to act as your selling agent only in regard of those items which we continue to deem saleable.
You authorise us to offer and sell your items through eBay and any other marketplace we choose, including but not limited to Amazon,www.Yourtreasuretrove.co.uk and through private sale. The style, pricing, timing and manner of the offer will be entirely at our reasonable discretion, and we will use all commercially acceptable due skill and care to get you a fair market price.
You authorise us without further notice to enter you into a binding sales contract with a buyer and agree that full legal title will transfer directly to them either when they collect the item from us or pay us for dispatch.
4. Our fees
Collection charges are based on your location and load and will be quoted individually and are payable in advance. Our fees for acting as your selling agent will be as published on www.yourtreasuretrove.co.uk when we take possession of your items unless otherwise agreed in writing. This is currently 35% Gross Sales Value of each item (excluding postage or delivery charges) up to £1000 and by agreement for items over this value.
All fees are deducted from the sales proceeds and payment made by cheque to your registered address or at our discretion by BACS.
5. Your obligations
When engaging us to act as your selling agent (bailee), you warrant that all items are your own and that you are not constrained from selling them in any way. You will notify us of any defects, faults or anything material to the value of the item. You will not ask us to sell counterfeit, restricted or prohibited items. You will not act in any way which will interfere with the proper and fair progress of the sales process once underway.
You will indemnify us against any loss or damage, including loss of commission, due to breaches of the above obligations.
You understand that you may not be able to withdraw items from the sales process if we have made commitments to buyers. If you wish to withdraw an item from sale within 28 days from the "appointment" date, an administration charge of £10 per item, or bundle of items, may be levied. After this time, there will be no charge, but the item(s) will have to be collected from us by the owner(s).
6. Your personal information
We take your privacy and anonymity in using our service seriously. We will hold your personal information electronically. We will use this information to deal with you in setting up your account and in the normal course of doing business with you.
We may from time to time wish to contact you with information about our service and you may specifically opt-out of this at any time. We do not sell details to third parties for the purpose of unsolicited marketing, and will only disclose them where we are obliged to in order to resolve a dispute or are compelled to by law.
7. Our liability
We make no representation about the selling price of your items. In all cases - except where and to the minimum extent provided otherwise by statute - our liability for any loss or damage, whether caused by our negligence or otherwise, shall be limited to the selling price of your items, or the greater of five pounds and half of any pre-agreed start price if unsold.
We shall not be liable for any other loss or damage - including direct, indirect, consequential or loss of profit, whether due to our negligence or otherwise - caused by or resulting from this agreement, our acts or omissions.
Whilst every effort will be made to make sure items arrive with buyers safely and securely, we cannot be held liable for damage or loss caused by negligence from third parties. Where necessary, for insurance / compensation purposes, the original proof of purchase will be required.
Note that under the new Distance Selling Regulations (Sale of Goods Act) that buyers have the right to return an (unseen) item within 14 days of receipt
8. Insurance disclaimer
Whilst all precautions are taken with regard to fire and theft risks, the storage of items in our facility is entirely at the customers risk. No liability for the customers item(s) is accepted with regard to their damage, loss or theft whether due to our negligence or otherwise.
9. Ebay feedback
Fraudulent or malicious feedback on ebay can seriously, or even irrepairably, damage a businesses reputation and therefore its ability to sell. Please do not leave negative or neutral feedback without first letting us know the issue(s) and giving us a chance to resolve it/them amicably. Failure to do this, and to leave fraudulent or malicious feedback, may result in legal action.