Consignment contract verbiage

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Consignor Pay-Out Timeline

In standard practice, consignors can expect their check to be delivered no later than 28 days after their consignments have been placed in inventory at The Sellery. The sections below break down this process and provide contingencies for extenuating circumstances.

Time to Live Auctions

If The Sellery determines that the consignment is worth selling on eBay, The Sellery will list items from the buyer no more than two weeks after the date on this contract. Any exclusive selling rights or penalties for early termination of service will be waived if the consignment has not been listed within this two week period. Typical time to live periods are usually less than three days.

Buyer Approval

Consignor pay-out will be granted after receiving one of the following approvals from the buyer that they are satisfied with their purchase:

  • positive feedback through eBay's Feedback forum
  • verbal in person or over the phone
  • written consent through e-mail or written letter

The Sellery will make an effort to receive this confirmation from the buyer no more than three days after delivery of the consignment to the buyer, as verified by shipment tracking information from the carrier used to transport the consignment. If the buyer responds positively, or does not respond after three days, The Sellery will pay the consignor the full amount promised consistent with the commission plan agreed upon in this contract. If the buyer responds negatively, The Sellery will follow the plan described in the section titled "Return Contingency Protocol"

Payment Collection and Check Issuance

Buyers are in control of issuing payment to the Sellery after purchase. This can take anywhere from a few minutes after the ending of the listing, to a week after the ending of the listing. If seven days have elapsed and no funds or communication have been received from the buyer, the consignment will be re-listed and the auction process will start again.

Payment from the buyer takes about three days to travel from The Sellery's PayPal account to The Sellery's bank account for check issuance. Checks can take up to four days to be issued to the buyer. At this time, the buyer will receive an e-mail notification or payment. Checks will be sent through USPS First Class Mail to the address listed on this contract. It usually takes about five business days for the check to reach the buyer's address. Checks are guaranteed for up to 90 days. If the check has not been cashed within 90 days, the check will become void and the consignor must contact The Sellery and request re-issuance of the check. The consignor will have to provide proof of sale at the time check re-issuance is requested.

Sale of potentially harmful information

The consignor agrees to not hold The Sellery accountable for the release of any sensitive information contained in the items consigned to The Sellery by the consignor. The consignor agrees to completely destroy any sensitive information contained by any consignments that are consigned to The Sellery by the consignor.

Consignor's Responsibility to Handle Unsold Consignments

If The Sellery determines that any consignments are not worth selling, The Sellery will request pick-up from the consignor via an automated e-mail sent to the e-mail address provided on this form. If no e-mail address is provided by the consignor, The Sellery will make an attempt to notify the consignor of their scheduled returns by phone. If the consignor fails to respond to the scheduled return notification within ten business days, scheduled returns will be donated to charity or claimed by The Sellery.

Regardless of the response from the consignor, if a consignment that has been scheduled for return has not been picked up by the consignor, the consignor agrees to pay a $2 per 24 hours storage fee for each consignment that remains in The Sellery's storage facility after the 10-day pick-up period has elapsed. If the consignor agrees to allow The Sellery to donate or claim the consignment after storage fees have accrued, the storage fees will be waived along with the consignor's right to claim possession of the consignment.

Exclusive Selling Rights

Consignor agrees to grant The Sellery exclusive selling rights for all consignments listed on this contract.

Consignor storage for exceptionally large items

If the consignor wishes to consign a particularly large item through The Sellery, they will be asked to store the item at their location. In this case, the consignor agrees to make themselves available to the buyer for 7 days after the sale of the item. The buyer will still issue payment to The Sellery, and The Sellery will disburse payment to the consignor through the usual distribution channels.

Functionality Testing and Defective Return Contingency Protocol

For electronics and machines, The Sellery will perform rudimentary testing of basic power and functionality and report the results on the listing.

The listing will state whether or not the device device powers on, and on explicit request from the consignor, will include an unverified note from the consignor that describes functionality beyond a basic power-up. Item will be sold on an as-is basis.

If the consignment has evidence of coming from a smoking environment, a disclaimer will be placed on the listing that indicates this.

Return Contingency Protocol

If the functionality of the item is proven to be significantly different from the condition stated on the listing, the buyer will be able to return the item for a full refund of the sale price, shipping, handling, and return shipping costs. If the consignment is returned to The Sellery, the consignment will be sold on an as-is basis with no guarantee of functionality. The revenue from the sale will be used to fund the cost of shipping to and from the original buyer. Any remaining amount will be treated as the "sale price" for determining pay-out to consignor.

Post-sale refunds

If the buyer identifies that the item they receive is in any way not as described, The Sellery reserves the right to negotiate and process a fair refund amount with the buyer. The refund amount will be charges as a negative sale, withe the same commission rate applied, and may appear on a separate invoice at a later date.

Security

The Sellery cannot offer collateral in exchange for storing consignments, however The Sellery is a bonded organization and guarantees its services up to $25,000 through BuySafe bond # 17024691-09.

Early termination of sale

The consignor agrees to pay $10 for each listing that they wish to cancel. This fee only applies to listed consignments after an e-mail notification has been sent to the consignor. The consignor cannot reclaim their consignment once the item has been sold.

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