Terms & Conditions
Services
By signing this Agreement you authorize XS Items Limited to provide the following services in accordance with the terms and conditions of this Agreement, to (i) receive and store the Goods listed on the reverse side of this page (the Goods), (ii) list, offer and sell the Goods on eBay, (iii) deliver the Goods to the buyer, if any, and (iv) collect the sales price from the buyer, deduct XS Items Limited’s sales fee and forward the remainder of the sales price to Seller in accordance with the Services below.
Binding Bids
Seller is obligated to complete the transaction with the highest bidder upon the listings completion, unless there is an exceptional circumstance, such as, (a) the buyer fails to pay for the Goods, or (b) XS Items Limited cannot authenticate the buyer’s identity.
Unsold Goods
Should the Goods fail to sell within ten (10) days of being listed on eBay, the Seller hereby authorizes XS Items Limited to re-list on eBay or dispose of such unsold Goods (Unsold Goods). We are entitled to dispose of Unsold Goods which remain uncollected by Seller after any date notified by us to Seller, (collection date) and to charge a reasonable storage fee for storage of Unsold Goods after this collection date. We reserve the right not to accept Goods from any Seller and to reject Goods delivered to us by any Seller which in our view do not correspond with descriptions given to us by the Seller. Some Goods (such as domestic appliances) may, in accordance with prevailing law, incur a disposal fee if unsold and we are entitled to charge this fee to you. We will notify you when accepting your Goods whether such a charge is likely to arise.
Payment to Seller
As consideration for the Services, Seller agrees XS Items Limited will be entitled to collect a sales fee (Sales Fee) according to the following formula: thirty eight percent (33%) of the first 400 of the sale price for which the Goods are sold (the Sales Price) plus twenty five percent (25%) of the next 600 of the Sales Price plus twenty percent (20%) of the remaining Sales Price over 1,000. XS Items will pay any standard eBay charges incurred in the process of listing the Goods. Following receipt by XS Items Limited of the Sales Price from the buyer, XS Items Limited is authorized by Seller to deduct the Sales Fee from the monies received and forward the remainder to Seller at the address listed on this page, within fourteen (14) days from the date of receipt of the Sale Price. We operate a no sale no fee policy but if you have specified a reserve price and the Goods remain unsold because the reserve price is not achieved we are entitled to charge you a fixed handling fee of 10 for each item of such unsold Goods. Our minimum commission on any item is 10 or the whole of the sales price of the item, whichever is lower.
Bailment Relationship
The relationship between the Seller and XS Items Limited is that of a bailor and bailee in which the bailor (Seller) deposits his personal property (Goods) with the bailee (XS Items Limited) for the purpose of listing and selling the Goods to third parties through eBay. Nothing contained herein will be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
Title and Risk of Loss
Title and risk of loss for the Goods remains with Seller until such time as the Goods are delivered to a carrier for delivery to the buyer. Title and risk of loss will not transfer to XS Items Limited at any time. Title to Goods shipped will pass directly from Seller to a Buyer.
Sellers Warranty of Goods
Seller warrants that (i) Seller has all the necessary rights and authorization to produce and distribute the Goods and to permit XS Items Limited to offer, sell and deliver the Goods to any third party, (ii) the Goods and the rights granted under this Agreement do not infringe the proprietary rights of any third party, and (iii) the description of the Goods is truthful, accurate and complete. Seller represents and warrants that description of the Goods and the Goods will not: Be false, inaccurate or misleading; Be fraudulent or involve the sale of counterfeit or stolen items; Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; Be obscene or contain child pornography or otherwise adult in nature or harmful to minors.
Breach
Without limiting other remedies, XS Items Limited may immediately remove Sellers Goods listings from eBay, temporarily suspend, indefinitely suspend or terminate the Services and refuse to provide future Services to Seller if (i) Seller breaches this Agreement, (ii) XS Items Limited is unable to verify or authenticate any information Seller provides to XS Items Limited, (iii) XS Items Limited believes that the Sellers actions may cause financial loss or legal liability for the Seller, XS Items Limited’s users or XS Items Limited stores, or (iv) XS Items Limited suspects that Seller (by conviction, settlement, insurance or escrow investigation, or otherwise) has engaged in fraudulent activity in connection with the Goods, XS Items Limited or eBay.
Indemnity
Seller agrees to indemnify and hold harmless XS Items Limited, and officers, directors, agents, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due, connected to or arising out of Sellers breach of this Agreement, or Sellers violation of any law or the rights of any third party.
Warranty Disclaimer
We undertake to provide the services offered to you with reasonable skill and care but all other warranties and conditions whether express or implied under statute, common law or otherwise are excluded to the fullest extent permitted by law. You expressly authorise us to offer to prospective purchasers on your behalf the warranty set out in the listing disclaimer on this page.
Waiver of Consequential Damages
IN NO EVENT WILL XS ITEMS Limited BE LIABLE TO SELLER FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, REGARDLESS OF THE FORM OF ACTION (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER XS ITEMS Limited HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
Liability Cap
Our liability, and the liability of our officers employees and agents, to Seller or any third parties in any circumstance is limited to the lesser of (i) the agreed upon value of the applicable Goods, as stated on the Reverse Page, or (ii) 100.
Term
This Agreement enters into effect on its date and continues in effect unless terminated earlier in accordance with the terms of this Agreement, until all Goods accepted for listing by XS Items Limited under this Agreement are sold and delivered, returned to the Seller, or disposed of in accordance with Section 3.. We reserve the right to terminate this Agreement for any reason at any time. All provisions of this agreement capable of having effect notwithstanding termination of this agreement are deemed to survive termination.
General
This Agreement will be governed in all respects by the laws of England. All notices or requests will be in writing and will be sent by facsimile, or recognized commercial overnight courier. Notices will be deemed received upon receipt of written confirmation of transmission when sent by facsimile, or signing for receipt of delivery if sent by overnight courier. Notices will be sent to the parties at the address set forth in the signature block, below. The failure of either party to require a performance by the other party of any provision hereof will not affect the full right to require such performance at anytime thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to the waiver of the provision itself. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable Court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and, in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement and the exhibits hereto, constitute the entire Agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, in the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof with the exception of any prior confidentiality agreements between the parties. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.
Listing Disclaimer
We (XS Items Limited) are a mere bailee of the Goods offered for sale. We are not the seller of the Goods nor an agent for the seller. Any Goods you purchase from this listing are purchased from the seller whose Goods we are storing.
We use all reasonable endeavours to verify the accuracy of descriptions of Goods provided to us by the seller but may not have inspected the Goods prior to dispatch to you.
We do not accept liability for the condition or fitness for purpose of the Goods.
We exclude liability for all warranties and conditions, express or implied, by statute or otherwise to the fullest extent permitted by law. We do not accept liability for economic or consequential loss of any kind, including loss of profit whether arising from negligence or otherwise.
We reserve our right to all copyright in images and text depicted in this listing.
Our liability to any purchaser or any third party claiming through any purchaser is limited to the sale price of the Goods purchased or, if less, 100.
Insurance
We do not accept liability for loss or damage to Goods in transit. You should consider insuring the transit risk of Goods especially for more valuable items. Customs duties are for the purchasers account.
Returns
The seller warrants to you that the Goods will materially conform with the description given in the listing and that the seller agrees and is able to sell the Goods to you. Goods may only be returned for mis-description if you notify us by email within 7 days of receiving the Goods settling out why the Goods are mis-described. The purchaser is responsible for the cost of returning goods to us.