Cookham Community Bay (CCB) - Terms and Conditions


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.