Terms and Conditions
Terms and Conditions
Terms and Conditions for sellers using ‘Dont Bin It Sell It’ eBay Trading Assistants. By agreeing for ‘Dont Bin It Sell It’ to sell on your behalf you are legally bound by the terms outlining herein:
Please read the terms and conditions carefully. We may update these terms and conditions at any time and new terms published on this page will supersede previous terms.
1.’Dont Bin It Sell It’ shall, in its absolute discretion, provide services to the customer as it deems reasonable in order to procure the sale of the auction. Dont Bin It Sell It does not represent or promise that it will procure the sale of the item at a particular price, with a particular time frame or at all.
2.’Dont Bin It Sell It’ act as an agent for the seller (customer) and, subject to the terms set our herein, will acquire no legal title to the item.
3.The Seller (Customer) warrants (or promises) that:
- The seller is the holder of legal title to the or is properly authorised to sell the item by the holder of legal title to the item and is able to transfer legal title to the item to The Buyer free from any encumbrance or third party claim;
- Any description and all information provide by the Seller (Customer) in respect of the item is true and accurate;
- All information provided by the Seller (Customer) in respect of the Seller’s identity is true and accurate;
- Any branded items being offered for sale by the Seller (Customer) are to the Seller’s knowledge authentic and genuine items; and
- The Seller (Customer) will comply with the terms and conditions of the auction site which the item will be sold, which shall be provided by Dont Bin It Sell It on request.
4. The Seller (Customer) will indemnify ‘Dont Bin It Sell It’, its servants and agents and the Buyer (Winning Bidder) against any and all loss, damage and liability suffered or incurred by them in consequence of any breach of any warranty (See 3.) however arising, including without limitation all costs and expenses incurred in dealing with any third party claim.
5. The highest bidder for the item acceptable to ‘Dont Bin It Sell It’ is in absolute discretion, shall be the buyer (Winning Bidder).
6. Our Agreement: Below are the terms and conditions that you (the customer) and we (the service) enter in to for the purpose of marketing items on your behalf.
7. Ownership: You confirm that you are the legal owner of all the items you sell with us. At no point throughout the selling process do ‘Dont Bin It Sell It’ become the legal owners of your item/s – you will remain the owner until payment has cleared from the eventual buyer. We are facilitating the sale of your items only. You agree to provide full accurate information to assist in producing a fair description, in particular outlining any known defects or faults.
8. Our Service: We have agreed in principle to collect (within radius) and market your items online. We will photograph, research, prepare and market your item/s to the online public and we will handle the entire selling process. We will adhere to all existing eBay selling policies. We will collect the final payment from the buyer and pay all associated selling fees. We will arrange delivery to the eventual buyer and handle any returns should this problem arise. Once the appropriate returns period is over then we will forward payment to you via cheque or bank transfer minus our fees.
9. Starting Prices: Items sold under our standard service will have an online auction starting price between 99p and £300 and this will be determined by ourselves. As the customer you can choose between an auction strategy or using a fixed price choice. If you wish to set a fixed price or a reserve price then an upfront cost of £10 will be applied per auction per item. The £10 fee is refundable if them item does sell on a first time auction.
10. Fees: In addition to any collection/listing fees paid at the time of collection, we will deduct 35% of the sale price or £10, which ever is greater. There is a £5 listing fee per item whether an item sells or not. This will be deducted from the proceeds along with the commission.
11. Sale Price: We will market your items to the best of our professional ability with the information we have researched and collected at the time of sale. Ultimately the market determines the sale price and we do not guarantee nor make any representation relating to the sale price.
12. Unsold Items: We will notify you if your item/s do not sell after the first auction. If item/s are unsold after the first auction, we may offer to re-run the auction at our discretion with either a start price or a fixed price. Alternatively you may choose to collect your items. Unsold item/s must be collected within 7 days of notification. Should an item/s remain uncollected after this time then a storage fee of £5 per week will be applied to your account. After 14 days the item will be given to charity or disposed of.
13. Cancellation: You may decide to cancel your instruction for us to market your item/s. If the item has not yet been listed, the cancellation fee is £10, if the auction is currently running you may cancel up until 24 hours before the auction finalises. A cancellation fee of £30 per item will be payable. Items must be collected within 7 days (See 6.) We reserve the right to cancel the sale of any item at any time (either before or after collection) without giving a reason. Cancelled items in our care would be then treated as an ‘Unsold Item’ (See 6.)
14. Liability: We are not liable for loss of or damage to any item/s greater than the start, reserve, or fixed price sale.
15. Time: It may take between 6-8 weeks to receive payment due to the cooling period for our buyers incase an item is returned. You may wait for the completion of all your items before forwarding payment occurs.
16. Privacy: We will hold your information electronically. We will not divulge your information to any other party. We will not share, rent or sell your private information.
17. a)A call out fee of £20 per hour or £__ as otherwise agreed shall be made payable by the Seller (Customer) in advance to Dont Bin It Sell It’s representative on time of appointment for on-site visits for photography and measurements of the item/s and pick up of smaller item/s (if any) plus congestion and parking charges, if applicable, whether of not the item is listed for sale; and
b) additional pick up, transportation and storage costs (which will be advised at the time) apply to larger auction items and are payable by the seller (Customer).
Special rates may be agreed in advance for items estimated to sell for in excess of £5,000.
19.’Dont Bin It Sell It’ shall be entitled to deduct commission and any other sums due from the proceeds of sale.
‘Dont Bin It Sell It’ will normally offer the item for sale on an online auction site for a starting price of 99p. The Seller (Customer) will be entitled to place a reserve price on any item prior it being listed for auction. An additional fee shall be made payable to ‘Dont Bin It Sell It’, in addition to the basic £5 listing fee, in respect of reserve prices in accordance with the following:
Reserve Price < £250 Fee £5 Reserve Price > £250 Fee 2% up to a maximum of £100
Unless otherwise stated herein, the Seller (Customer) shall make payment of all sums due to ‘Dont Bin It Sell It’ within 30 days of the date on which those sums become payable
‘Dont Bin It Sell It’ may set off against any sums payable by it to the Seller (Customer) any amounts payable to it from the Seller
‘Dont Bin It Sell It’ shall remit the proceeds of the sale of the item/s, less permitted deductions, to the Seller (Customer) not later than one month after the receipt of the proceeds from the Buyer (Winning Bidder), or at the end of any applicable cooling off period, whichever is later.
Where any item/s (or part thereof) fails to sell within a reasonable period. ‘Dont Bin It Sell It’ will notify the Seller (Customer) accordingly. The Seller will collect the item/s (unsold part thereof) within 7 days of such notification. If ‘Dont Bin It Sell It’ does not agree otherwise and an item is not collected within 14 days of notification. ‘Dont Bin It Sell It’ will donate the item to charity or sell the item and donate the sale proceeds (minus administration charges) to charity.
These Terms and Conditions contain all the terms agreed by the parties in relation to their subject matter and supersede any and all prior agreements, understandings or arrangements between them, whether oral or in writing in relation to such matters. Except in relation to fraudulent misrepresentation (in respect of which neither parties liability is limited or excluded), neither party shall have any right or liability in respect of any statement, representation, or promise made prior to the date of this agreement.
The interpretation, construction, and validity of these Terms and Conditions shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts. These Terms and Conditions do not affect your statutory rights.