By delivering or handing your items to Poppletons you agree to be legally bound by these terms & conditions. Please read them carefully. If you have any questions please email us. 1. Introduction These terms & conditions (the Terms ) shall govern and be incorporated in every Contract between Poppletons (the Firm ) and the seller (the Seller ) of an item or group of items (a lot ) on the eBay online sales venue or any other auction platform (each a Site ). In these Terms, Contract means each individual arrangement for the Firm to place a lot or lots on the Site on behalf of the Seller, and any purchaser of a lot is the Buyer. The Firm 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. The Lots The Firm agrees to act as agent for the Seller. The Firm does not buy the lot from the Seller. The Seller remains solely responsible for any: - statement which the Seller makes about or description of a lot including but not limited to references as to its ownership, origin, date, age, or authenticity; and
- faults or defects in any lot; and
- Other things the Seller does or says in relation to the lot including but not limited to any breach of these Terms.
The Seller must satisfy itself that the information which the Firm records regarding each lot is true and accurate. 3. The Buyer The Firm does not act on behalf of the Buyer. The Firm 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 a lot, including but not limited to any breach of the rules of the Site (the Rules). The Firm will however use reasonable skill and care in offering each lot for sale on the Site in accordance with the following parameters: • the Seller shall be entitled to put a reserve price on any lot but must do so before the Firm places the lot for sale on the Site (a Reserve ). The Firm charges a fee of £10 plus 2% 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 lot sell); and - subject to any Reserve:
- the Firm has absolute discretion to refuse any bid, to divide any lot, to combine any two or more lots or to withdraw any lot from sale as permitted by the Rules; and
- the highest bidder reasonably acceptable to the Firm shall be the Buyer; and
- subject to the provisions of the Rules if, during the sale of a lot, the Firm considers that a dispute has arisen, or in any other circumstances in which it would be reasonable, the Firm may immediately put up the lot 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 Firm to deduct commission of 30% (or less if so specified on the Seller's receipt) of the purchase price paid by the Seller. Where the Firm has to make Home Collections of items from the Seller's home a fee of £10 plus the congestion charge, if applicable, will also be charged. Where a Seller cancels instructions for the sale, the F will charge the higher of the Reserve Fee or a fee of £10 as a contribution towards its reasonable handling costs. The Firm shall remit the remainder of the purchase price received from the Buyer to the Seller within six weeks of the end of seven days of the Buyer receiving possession of the lot from the Firm. A dispute with the Site or a bank will pause this period. - Where any lot fails to sell, the Firm will notify the Seller accordingly. The Seller will make arrangements:
- for the Firm to re-offer the lot for sale for a fee of £10; or
- to collect the lot within 7 days of being so notified; or
- To authorise the Firm to donate it or sell it with proceeds minus a charge to cover its reasonable administration costs to go to a recognised charity.
If such arrangements are not made within 7 days of notifying the Seller that their lot has not sold, the Firm shall donate it or sell it with proceeds minus a charge to cover its reasonable administration costs to go to a recognised charity. 5. The Seller's Obligations The Seller confirms that: - all information supplied regarding the Seller's identity and each lot is true and accurate; and
- it is the owner of the lot, or is properly authorised to sell the lot by the true owner, and that it is able to transfer full ownership of the lot 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, accordingly any agreement between Seller and Buyer will be a private sale; 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 & Conditions 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/policies/index.html.
- 6. Personal Data
The Firm shall use the personal information supplied regarding the Seller to provide the services as requested by the Supplier under each Contract. The Firm 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 Firm may from time to time contact the Seller with information about the Firm’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 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 Firm 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 Firm's rights under each Contract remain in force at all times. If the Firm does not enforce any or all of these rights for any period it does not mean that it has given them up. The Firm 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 Firm's provision of services under this Agreement; or (c) events which neither the Firm nor its suppliers could have foreseen or forestalled even if they have taken reasonable care. Prior to an auction being concluded the Firm the value of each lot 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. |