Please
read these terms and conditions ("Terms") carefully before
entering into this agreement. Upon depositing items ("the
Goods") with CCB, that you wish to offer for sale on the auction
website, you agree to be bound by these Terms and acknowledge that the
Goods will not be returnable to you (except at our discretion).
1.
Definitions
"We", "us" and our" means Cookham Community Bay
Limited, registered at The Parish Centre, Churchgate, Cookham, Berkshire
SL6 9SP
"You" and "your" means the person who deposits the
goods with us.
"Sales fee" means the agreed fee percentage of the Sale Price,
(excluding separately stated sums for posting, packaging and delivery)
less any auction website listing and payment processing fees.
"Sale price" means the price at which the Goods are sold to the
buyer.
"Auction website" means eBay, or such other online website as we
may place the Goods for sale.
2. Services
By entering this Agreement, you authorise us to: (i) receive and store the
Goods; (ii) list, offer and sell the Goods on the auction website on your
behalf; (iii) arrange for packaging and delivery to the buyer; (iv)
collect payment for the Goods from the buyer; and (v) forward on to you
the Sale Price less deductions, as set out in clause 5, below.
3. Binding
Bids
You authorise us to complete the sale of the Goods with the highest bidder
on expiry of the bidding period. You must not bid for your own Goods at
any time. If you do so, you will be in breach of these Terms and open to
any actions that may be brought against you as a consequence of this
breach as listed in clause 9 below.
4. Unsold
Goods
If the Goods are not sold after being listed on the auction website for
whatever reason, we will advise you and give you the opportunity to
collect the goods within 10 days. You agree that if you fail to collect
the unsold Goods within that time, we may arrange for the Goods to be
returned to you or in our absolute discretion, we may dispose of the Goods
by other means.
5. Payment to
You
As payment for us carrying out the Services set out in clause 2, above,
you agree that we are entitled to be paid a Sales Fee which you authorise
us to deduct from the Sales Price. The balance of the Sales Price will
then be forwarded on to you at the address provided by you within 30 days
of receipt of the Sales Price from the buyer.
6.
Relationships
You will retain ownership of the Goods until they have been delivered to
the buyer and you have received the Sale Price. When you deposit the goods
with us, we will hold them solely for the purpose of listing and selling
the Goods to a third party on the auction website on your behalf and will
at no time, become the owner of the Goods. Nothing contained in these
Terms or the course of our dealings with you will constitute an agency,
partnership or any other form of joint venture relationship between us.
7. Title and
Risk of Loss
You will retain legal title in the Goods until the buyer receives them.
Upon receipt of the Goods by the buyer and receipt of the Sale Price by
us, the title in the Goods will pass directly from you to the Buyer. We
will never have any title to the Goods. This means that you retain the
sole responsibility for the Goods and will also be responsible for
ensuring that the Goods are adequately insured and accept that we will not
be liable for any damage or loss not caused by us and that any loss or
damage to the Goods may nullify a sale.
8.Your
assurances of the Goods
You acknowledge and confirm that you are the true legal owner of the Goods
and have all the necessary rights and authorisations to permit us to
offer, sell and deliver the Goods to the buyer, i.e. (i) the Goods do not
infringe the rights of any third party, and (ii) where the Goods are
branded, they are authentic and not counterfeit (iv) the Goods are not
illegal or in breach of any laws, regulations, including but not limited
to those governing export controls, discrimination, defamation, trade
libelous, obscene, child pornography or otherwise adult in nature or
harmful to minors. You accept that we are relying on the warranties given
by you and that it is reasonable for us to do so.
9. Breach
We may, at our discretion, refuse to list any Goods deposited by you that
we deem unfit or may remove immediately any Goods listed on the auction
website without notice and in addition may temporarily, indefinitely or
permanently suspend our services and may refuse to provide future services
for the following reasons - (i) you are in breach of this agreement (ii)
we are unable to verify or authenticate any information you provide us
(iii) we believe that your actions may cause financial loss or legal
liability for us (iv) we suspect that you have engaged in fraudulent or
illegal activity in connection with the Goods, us or the auction website.
Your failure to comply with our demand for information or documentation
constitutes a material breach.
10.
Compensation
You agree to reimburse us for any losses, damages, costs or expenses
incurred by us in respect of any claim, action or dispute
("Claim") made by any third party in connection with, or in any
way arising out of this Agreement for which you are liable or as a reason
of any negligence or willful acts conducted by you.
11. Warranty
disclaimer
We provide our services with reasonable care and skill. We make no further
warranties or representations as to those services, whether express,
implied, statutory or otherwise. This does not affect your statutory
rights and further details or legal advice can be obtained from Trading
Standards or the Citizen Advice Bureau.
12. Our legal
responsibilities
We will be responsible for all claims for death or personal injury, which
has been caused by our negligence, which are brought by you or a third
party. We will also be responsible for any loss or damage caused to the
Goods by our negligence to an amount, which reflects the anticipated Sale
Price of the Goods as determined by comparable online auctions. We shall
not be liable for the consequences of any delay in performing our
obligations under this Agreement or loss or damage if such delay, loss or
damage is due to any cause whatsoever beyond our reasonable control.
13. Term
This Agreement will begin on the day that you deposit Goods with us and
will continue until we either- (i) sell and deliver the Goods accepted for
listing and you have received the Sale Price, (ii) return Goods or unsold
Goods to you, or (iii) dispose of the unsold Goods in accordance with
clause 4 above, unless terminated earlier by us for reasons specified in
this Agreement.
14. Survival
of terms
The following clauses will survive termination of this Agreement
-4,6,7,8,9,10,11,12,14,15,16.
15.
Arbitration
In the event of a dispute arising between us, both parties agree to enter
into negotiations in good faith or mediation to try to resolve the dispute
amicably. If the parties are not able to resolve the dispute in this way,
the parties must submit the dispute to binding arbitration to the London
International Court of Arbitration. This arbitration clause will not
deprive ether party of any right they may otherwise have to seek
provisional injunctive relief from a court of competent jurisdiction. The
parties agree to share all the costs of mediation or arbitration equally.
16. General
This Agreement is governed by and construed in accordance with the laws of
England and Wales and subject to clause 15 above, any dispute shall be
submitted to the non-exclusive jurisdiction of the English courts. All
notices must be in writing and will be sent by post to your last known
address. Notice will be deemed received by you on the second day after
posting. If any of these terms are held to be invalid or unenforceable,
that term or part of it shall be struck out. This will not affect the
remaining Terms, which shall remain valid and enforceable. The Terms
contained in this Agreement form the whole agreement between the parties
and supersede any other Terms oral or otherwise of any prior agreements
between the parties. This Agreement may only be amended in writing, with
the consent and signature of both parties. A person who is not a party to
this Agreement has no rights under this contract to enforce any Terms of
this Agreement. |