These are the terms and conditions of any sale you make through Flogit4u. There’s nothing nasty in there – just some common sense to protect us and you in the event of something out of the ordinary happening.
1. In these terms and conditions, the following words shall have the following meanings:
Buyer – the purchaser of the Lot;
Lot – the goods provided by the Seller for sale by Flogit4u on the Seller’s behalf;
Seller – the person or other legal entity who engages Flogit4u to sell goods on their behalf; and
Services – the services provided by Flogit4u to the Seller (subject to these terms and conditions) to procure the sale of the Lot which may include, without limitation, collecting the Lot, offering the Lot for sale on an online auction site, selling the Lot as agent for the Seller, introducing the buyer to the seller, holding the Lot until it is purchased, delivering the Lot to the Buyer and collecting the proceeds of sale.
2. Flogit4u shall, in its absolute discretion, provide such Services to the Seller as it deems reasonable in order to procure the sale of the Lot. Flogit4u does not represent or promise that it will procure the sale of the Lot at a particular price, within a particular time frame or at all.
3. Flogit4u will act as agent for the Seller and, subject to the terms set out herein, will acquire no legal title to the Lot.
4. The Seller warrants (or promises) that:
a. the Seller is the holder of legal title to the Lot or is properly authorised to sell the Lot by the holder of legal title to the Lot and is able to transfer legal title to the Lot to the Buyer free from any encumbrance or third party claim;
b. any description and all information provided by the Seller in respect of the Lot is true and accurate;
c. all information provided by the Seller in respect of the Seller’s identity is true and accurate;
d. any branded items being offered for sale by the Seller are to the Seller’s knowledge authentic and genuine items; in the event of a counterfeit item being submitted to us, we will be compelled to supply the good/s and Seller’s details for criminal investigation.
e. the Seller will comply with the terms and conditions of the auction site on which the Lot is sold, which can be provided by Flogit4u
f. The Seller must notify Flogit4u of any defects or faults relating to the lot; failure to do this may result in Flogit4u offering a discount to the buyer which will be deducted off the seller’s account. In the event where a buyer returns the item, the seller will be liable for the shipping costs.
5. The Seller will indemnify Flogit4u, its servants and agents and the Buyer against any and all loss, damage and liability suffered or incurred by them in consequence of any breach of any warranties set out in 4 above, howsoever arising, including without limitation all costs and expenses incurred in dealing with any third party claim.
6. Flogit4u may in its absolute discretion without giving reasons refuse any bid for the Lot, divide the Lot, combine the Lot with any other lot, withdraw the Lot from sale and/or offer a discount to the Buyer on the agreed sale price should a dispute arise as to the condition of the Lot and/or the accuracy of any description of the Lot. Flogit4u cannot be held responsible for any items that become faulty or non-functional whilst in the possession of Flogit4u or the buyer.
7. Unsold item/s stored by Flogit4u will be reduced by a discretionary 10-30% of the starting price and will continue to be reduced and re-listed until such a time that the item/s is sold. It is the Seller’s responsibility to inform Flogit4u of any required minimum sale price upon agreement of these terms and conditions.
8. Where a Seller cancels instructions for the sale of any Lot, a fee of £10 shall be payable to Flogit4u. Items stored by Flogit4u must be collected within 7 days of cancellation and a £10 fee will apply. In the case where the lot has an active bid or bids, a cancellation fee of £20 or 30% (which ever the greater) of the bid price will be payable by the Seller to Flogit4u. Flogit4u may retain possession of the Lot until this fee is paid. Cancellation/ withdrawal requests can only be accepted if made in writing or sent by email to email@example.com during Flogit4u business hours. Cancellations requests made within 24 hours of auction end cannot be accepted.
9. If an item is not collected within 7 days of cancellation or withdrawal, Flogit4u will auction the item at no reserve in order to recover any outstanding charges. Any amounts above the outstanding charges will be paid to the seller as normal and will be subject to the normal deductions stated in these terms and conditions.
10. If, during or after the sale of the Lot, Flogit4u considers that a dispute has arisen or that there is any other reason for doing so, it may in its absolute discretion immediately put up the Lot again for sale or, alternatively, it shall be the sole arbiter in any dispute between two or more bidders, the Buyer and/or the Seller and its decision shall be final and binding on all concerned.
11. The highest bidder for the Lot acceptable to Flogit4u, in its absolute discretion, shall be the Buyer.
12. The Seller agrees to enter into a contract with the Buyer for the sale of the Lot (the “Contract”). The agreed sale price of the Lot shall be the bid accepted by Flogit4u (subject to variation in accordance with these terms and conditions). The Contract shall be subject to the terms and conditions of the relevant auction site.
13. Once a contract for the sale of the Lot has been entered into between the Seller and the Buyer, the sale cannot be cancelled without the agreement of the Buyer. Where cancellation is made a cancellation fee of £20 or 30% (which ever the greater) of the agreed sale price will be payable by the Seller to Flogit4u. The Seller may also be liable to pay a cancellation fee to the Buyer under the Contract.
14. Subject to paragraphs 11 & 12 above, in consideration for the Services, the Seller shall pay to Flogit4u a commission.
Our commission start at 33% +VAT typically for watches, jewellery and collectables
40% +VAT for clothing, electrical items and apparel (shoes, handbags etc)
Then 50% +VAT for furniture (Kitchens, Bathrooms suites, Garden furiture etc)
Subject to a minimum commission of £20 (or the total sale proceeds where less than £30)
This includes all other fees such as auction commissions, payment processing fees, packaging supplies and excess postage fees.
(i) a call out fee of £____ per hour as agreed plus a £5 listing fee per item shall be payable by the Seller (in advance or on the day) to the Flogit4u representative for on-site visit, whether or not an item is listed for sale; and
(ii) Additional service costs such as pick-up/collection, transport and storage will be payable by the Seller and will be quoted for approval in advance of agreement.
15. The fees in paragraph 12 include all eBay final value fees of 10-12% and 2.4% payment processing fees.
16. Special rates may be agreed in advance.
17. Where the Lot is a motor vehicle, paragraph 14 shall not apply and the following shall be payable to Flogit4u in respect of the Services:
a. a listing fee of £50 per auction lot which shall be payable prior to the Lot (or relevant part thereof) being offered for sale;
b. a commission calculated in accordance with the following table:
Agreed Purchase Price Commission
≤ £5000 £250 + VAT
> £5000 5% + VAT
18. Flogit4u shall be entitled to deduct commission and any other sums due from the proceeds of sale.
19. Unless otherwise stated herein, the Seller shall make payment of all sums due to Flogit4u within 30 days of the date on which those sums became payable.
20. Flogit4u may set off against any sums payable by it to the Seller or any amounts payable to it from the Seller.
21. Flogit4u shall remit the proceeds of the sale / of the Lot, less permitted deductions, to the Seller no later than 60 days after the completion of the sale, or at the end of any applicable cooling-off period, whichever is the later. It is the seller’s responsibility to inform Flogit4u as and when a lot has been collected by the buyer or on behalf of the buyer from the seller’s premises. Account statements requested at a time other than Flogit4u’s standard time of payment will incur a charge of £10.00.
22. 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 party’s 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.
23. 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.