EBTH CONSIGNMENT TERMS
Updated on December 4, 2018
1.DROP-OFF DAY AND MAIL-IN PROGRAM OVERVIEW
EBTH.COM LLC’s (“EBTH”, “we” or “us”) Drop-Off Day and Mail-In Program (the “Program”) provides a convenient way for you to provide items (“Items”) for sale via EBTH.com on a consignment basis. You (“Consignor”) may send your Items to us using a postage prepaid shipping label provided by us, or by dropping your Items off at one of our designated drop-off locations listed here during a designated drop-off window (each a “Drop-Off Site”).
By participating in the Program via either of the methods described above, you agree to be bound by these program terms (the “Program Terms”) as well as our general Terms & Conditions, as either may be amended from time to time by us. ANY REVISIONS TO THE PROGRAM TERMS OR OUR GENERAL TERMS & CONDITIONS WILL BE POSTED HERE.
THERE IS NO GUARANTY OR OTHER ASSURANCE THAT YOUR ITEM WILL BE LISTED OR THAT YOUR ITEM WILL SELL.
2. DELIVERY OF ITEMS; RISK OF LOSS; INSURANCE
You are making the Items available to us on a consignment basis and we will accept your Items on a consignment basis only. This means that you are transferring to us possession but not ownership of the Items. You retain all risk of loss or damage to the Items until we either sell the Item or it is returned to you as provided herein; however, if you use our prepaid shipping label and approved carrier, we will insure or arrange for a third party to insure Items against loss or damage in transit. If you believe that the value of any Item that you ship to us exceeds $750.00 or that the value of any shipment of multiple Items that you ship to us exceeds $1,500.00, you should have the Item or Items professionally packed, keeping the invoice from the party that packed the Items. Failure to provide suitable or sufficient packaging for such Items or evidence of professional packaging may preclude recovery under the in-transit insurance program.
We are not responsible for insuring, and do not insure, consigned Items while in our possession. You agree to maintain adequate insurance coverage on the consigned Items wherever located and on all other items located on your premises. You will look solely to your own insurance for recovery of any loss resulting from casualty. You and we release one another from casualty-related claims. You and we waive any right of recovery of insured claims by anyone claiming through either of us, by the way of subrogation or otherwise, including our respective insurers. This release and waiver remains effective despite the failure of either of us to obtain insurance. If either of us fails to obtain insurance, such party shall bear the full risk of its own loss.
We shall not be liable for any loss or damage to Items tendered, stored or handled or for any other property of yours (whether or not a consigned item) however caused unless such loss or damage results from our gross negligence or willful misconduct. We shall not be liable for incidental, consequential or punitive damages under any theory of liability, even if we have been made aware of the possibility of such damages.
You agree that our liability for any damage to any Item shall be limited to actual cash value (as defined by the insurance industry) up to $50 per Item or any acceptably documented current market value.
3. ACCEPTANCE OF ITEMS; CONDITION OF ITEMS
We only accept Items: (a) we determine in our sole discretion, to be in very good to excellent condition; (b) that are not listed in our Prohibited Items list; © we are able to determine in our sole discretion to be authentic; (d) that are provided to us in full compliance with the representations and warranties you make pursuant to this Agreement, and (e) we determine, in our sole discretion, to be saleable via EBTH.com at an acceptable margin in light of the projected sale price and the cost of shipment and handling (“Acceptance”). In general, we will not accept Items we determine to have a projected sale price less than $150.00. Our Acceptance of an Item will always be in writing (which may be an email) expressly indicating Acceptance of a specific Item or Items.
Upon receipt, we will evaluate the Items to assess their authenticity, quality and projected sale price. Without limiting the foregoing limitations, we will not accept any (a) perishable items, (b) drugs, chemicals, or hazardous waste, or © stolen, counterfeit, or illegal property. We reserve the right not to Accept an Item if we determine it violates our listing standards and to return the Item to you. Any such return will be at your sole expense, including our actual third party shipping costs plus a $25.00 handling fee. You authorize us to charge any such costs and fees to any credit or debit card we may have on file for you. If we do not have a credit or debit card on file for you, we will have no obligation to return your Items to you unless you make other arrangements to cover our shipping costs and handling fees. If such arrangements are not made within thirty (30) days following notice from us, we may destroy the Item or donate it to a charity of our choosing.
4. UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS
You are responsible for ensuring the authenticity of all Items that you offer or provide for consignment. In the event we determine that we cannot confirm the authenticity of any item of your Items offered or provided for consignment, we shall have the right in our sole discretion to refuse to Accept the item. In the event that we determine at any time that an Item is counterfeit, we shall notify you that we have made such determination. You acknowledge and agree that any item we determine to be counterfeit will not be returned to you and will be destroyed or turned over to the proper authorities.
You acknowledge and agree that we are subject to laws and regulations relating to claims that consigned items have been stolen. We take reports of stolen goods seriously and will cooperate with law enforcement in all investigations.
5. OUR RIGHTS AND RESPONSIBILITIES
We agree to photograph, describe and facilitate the sale of Items consigned through the use of an online bidding system accessible through our website at EBTH.com. The online sale will be advertised and accessible from our website approximately five to seven days prior to the close of the online sale. We will facilitate payment, collection and shipping of Items sold in the online sale.
6. YOUR RIGHTS AND RESPONSIBILITIES
You acknowledge that the Items’ final value will be determined by the public based on the respective online bids. You also acknowledge that the Items are being sold without reserve and that you may not, directly or indirectly through intermediaries, bid on Items you are selling. Should you or your family members manipulate bids (an illegal act known as “shill” bidding), you will be liable for any damages incurred by us due to such illegal practice.
You acknowledge that some Items will be grouped and sold as lots to facilitate their sale and that some Items will not be listed with a determination to dispose of or donate the Items. Such Items will be destroyed and not returned to you in this circumstance.
You acknowledge that we have final, fully discretionary authority on description or cataloging of Items listed for sale.
Except as provided below (see “Your Right To Cancel”), you may not withdraw any Item designated for it has been provided to us for consignment sale. If you do not abide by this condition, any Items removed by you are subject to a no sale fee of 40% of the estimated sale price, as determined by us in our sole discretion.
You warrant that you are at least eighteen (18) years of age and have good and marketable title to each Item provided in connection with your participation in the Program and have the right to consign and sell the Items, none of which is subject to any liens or other encumbrances, and you further represent and warrant that the Items do not infringe upon or violate any trademark, copyright, or other proprietary right of any third party, any state or federal law, or any administrative regulation.
We will collect your name, address, phone number, email address and payment information (“your personal information”) for participation in the Program. Your personal information will be used only to provide you the services described in these Program Terms. We may also share your personal information with our subsidiaries and affiliates to measure and improve the Program. We may also share your personal information with service providers who help with our business operations.
We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We may combine your information with information collected from other companies and use it to improve and personalize services and advertising.
8. NO AGENCY
These Program Terms in no way constitute or give rise to an agency, partnership, joint venture, fiduciary or other relationship between the parties other than consignor and consignee. We and you will each operate under these Program Terms as independent contractors and not as agents for the other.
Without limiting other remedies, we may immediately terminate your participation in the Program and refuse to provide future services to you if: (a) you breach these Program Terms or our general Terms & Conditions, (b) we believe that your actions may cause financial loss or legal liability to you, us or any of our affiliates or customers, or © we suspect that you have engaged in illegal or fraudulent activity in connection with the Items.
You shall indemnify, defend and hold us harmless from and against any losses, damages, liabilities, expenses, claims, suits, actions or causes of action, including reasonable attorney’s fees (together the foregoing are “claims”), arising from, or relating to the handling, sale or distribution of Items hereunder by us, our agents or employees, including, without limitation, claims arising out of any breach of these Program Terms or our general Terms & Conditions and any products liability claims made in connection with your Items, except to the extent such claims are caused by our gross negligence or willful misconduct.
11. COMMISSIONS AND FEES
In consideration for your participation in the Program, we shall retain a commission percentage that is calculated on the final sales price of each individually sold Item based on the following tiers (“Per Item Commission”). As an example, if an Item sells for $125, the Per Item Commission retained by us will be 40% on that Item. If an Item sells for $1,500, the Per Item Commission will be 30% on that Item.
Should the sale proceeds remain uncollected for an Item, we reserve the right to return the Item to you in lieu of payment. Within approximately thirty (30) calendar days of the sale closing, we shall forward payment to the address you provide. We may pay your share of sale proceeds by company check. Your share of the proceeds shall be determined by taking the total sale proceeds we receive for the Item(s) and subtracting our commissions and any applicable expenses we incur in connection with the sale, which shall include, without limitation, all taxes and shipping costs. A statement showing the calculation of sale proceeds will be available through your online account at www.ebth.com.
Additional fees may apply for Items requiring certified jeweler or gemologist inspection. The first fifteen (15) Items you submit that require this inspection shall be at no charge. Any subsequent Item(s) will result in a fee of $15.00 each. A $15.00 per Item fee will also apply in the case of signed Items requiring independent signature verification or authentication, as determined at our sole discretion.
Each motor vehicle (i.e., an automobile, a light truck, recreational vehicle, or boat), will be charged a non-refundable motor vehicle processing fee of $500. If the motor vehicle is sold, the motor vehicle processing fee will be waived. If, however, the motor vehicle is not sold due to defective title, undisclosed defects in the motor vehicle or other reasons outside our control that prevent the transfer of the motor vehicle to the winning bidder, EBTH will be entitled to the motor vehicle processing fee. No cancellation of the transaction by you, Consignor, after midnight on the third business day after the date of this Agreement shall affect our right, in addition to our other rights, to retain the motor vehicle processing fee.
In the event of any dispute between the you and us, we shall have no obligation to pay any proceeds or other amount otherwise due to you, including without limitation amounts unrelated to the dispute, unless and until such dispute is resolved. We shall be entitled to withhold any proceeds (including any otherwise due for items of Items not then subject to the dispute) in full or partial satisfaction of any amounts due to us.
12. DISCLAIMER; LIMITATION ON LIABILITY
WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, RELATING TO THE PROGRAM OR OUR SERVICES OR ACTIVITIES HEREUNDER. IN NO EVENT WILL OUR LIABILITY HEREUNDER EXCEED THE AMOUNT WE HAVE ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR ITEMS HEREUNDER. THE FOREGOING DISCLAIMER AND LIMITATION IS A FUNDAMENTAL PART OF THE BASIS OF YOUR PARTICIPATION IN THIS PROGRAM, AND WE WOULD NOT ENTER INTO THESE PROGRAM TERMS WITHOUT SUCH DISCLAIMER AND LIMITATION.
Some states do not allow the disclaimer of implied warranties or exclusion of damages, so the foregoing disclaimer may not apply to you in such states. You may also have other legal rights that vary from state to state.
13. EMBARGOED GOODS AND PROHIBITED COUNTRIES POLICY
Various US agencies have restrictions in place that regulate or ban all trade with certain countries. EBTH doesn’t allow the sale of embargoed or restricted items from these countries. Under US law, buying or selling certain items made in restricted countries may not be lawful, depending on the nature of the item, when it was manufactured, and when it left that specific country.
Federal agencies also ban or regulate trade between people in the US and certain organizations, businesses, and individuals. EBTH doesn’t allow those organizations, businesses, or individuals to use our website.
Under US law, buying or selling certain items made in restricted countries may not be lawful, depending on the nature of the item, when it was manufactured, and when it left that specific country.
When submitting items for sale on EBTH, you attest that the items that you’re submitting do not violate any US laws, policies or restrictions on items from countries that have restrictions and regulations in place with the US government.
Make sure you follow these guidelines. If you don’t, you may be subject to a range of actions, including limits on your buying and selling ability and suspension of your account.
These Program Terms and our general Terms & Conditions constitute the entire agreement between us and you related to the Program. These Program Terms shall be governed by and interpreted in accordance with the laws of the State of Ohio, without regard to the conflicts of laws principles thereof. Each of us hereby consents to the exclusive jurisdiction of the state or federal courts located in Hamilton County, Ohio for any dispute arising out of these Program Terms, our general Terms & Conditions, or your participation in the Program.
Updated: December 4, 2018