Terms & Conditions - Agency
We at, China Matching Store, are delighted that you have decided to sell your items via our www.chinamatchingstore.com website (the Website).
As you are aware, www.chinamatchingstore.com is an online website selling pre-owned china items and other related products. We are only prepared to sell genuine items that are in very good or good condition as determined on our grading information page.
We understand that you wish us to advertise your own items for sale on our Website. This document sets out the terms of the arrangement between us relating to the items and other materials you may provide to us.
By registering with us to sell your items, you agree to be bound by these terms and conditions (Terms).
If you do not agree with them, do not register with us or send us your items or other materials.
1. APPLICATION OF TERMS
1.1 These Terms set out the only conditions under which we, China Matching Store, are prepared to enter into an agreement with you and any supply of items by you to us shall be on these Terms, to the exclusion of any others. You agree to waive any right which you might otherwise have to rely on such other terms and conditions.
1.2 These Terms apply to all Items and any related materials supplied by you and any variation to these Terms will only be effective if expressly agreed in writing and signed by us.
1.3 By registering with us and sending us your items or any materials promoting such items you are deemed to have accepted these Terms.
2. RIGHT FOR US TO SELL YOUR PRODUCTS
2.1 By registering with us and sending your items to us, you grant us the exclusive right as your agent to advertise your items on, and sell your items via, the Website for a minimum period of 3 years. As such, you agree not to offer the same items for sale through any other means, either via any other person or organisation or by you personally.
2.2 We agree a resale price for your items with you and we deduct our commission rate (50% of the sales price). Carriage, delivery, insurance costs and any applicable VAT are payable by the buyer and are not subject to this arrangement.
2.3 Your application for registration and your request to us to accept your items for sale via our Website shall be deemed to be an offer by you to us, China Matching Store, to act as your agent subject to these Terms, subject to acceptance by us.
2.4 We have the right to refuse any items and the acceptance of any items is at our sole discretion.
2.5 You acknowledge that we will be selling the items via the China Matching Store Website as your agent. We will not disclose your identity on our Website, however, that you are in breach of these Terms, we reserve the right to disclose your identity to third parties, including to any law enforcement agencies.
3. PRODUCTS INFORMATION
3.1 All items to be offered for sale via our China Matching Store Website are subject to approval by us. As part of this approval process you are required to let us have certain information about you and the items for sale (Information).
3.2 The required Information includes (but is not limited to) your full name, address and contact details, accurate and complete details of condition of the Product, age, materials, original purchase price (including wherever possible, proof of purchase, certificates of authenticity and original packaging), photographs of the items and any other information we specify.
3.3 You shall be responsible for the accuracy and completeness of the Information provided to us, including for the detailed descriptions of items and their condition. You will also be required to confirm that you own the Products and have the right to sell them. Further details of the required Information appear elsewhere on our Website.
3.4 We then notify you by email as soon as reasonably practicable whether we approve your items for resale and give you a guidance price range for the sale of your items (Guide Price). If you wish to proceed on that basis you are then required to send the items to us at your own cost.
3.5 You should send us the items by post or by courier on a signed for basis at your cost. Alternatively you may hand deliver the items to our offices by prior arrangement. In certain circumstances we may be prepared to collect the items from you, subject to your payment of an additional fee.
3.6 All items are at your risk until we are in possession of them. You are recommended to insure your items during delivery and transit.
3.7 Upon receipt of your items we will manually inspect each item to assess condition, authenticity and any undeclared damage which may affect our original Guide Price. If we recommend a revised Guide Price we will notify you by email within 10 (ten) working days of receipt of your items. You should notify us in writing within a further 5 (five) working days whether the revised Guide Price is acceptable to you or whether you wish us to return the items to you at your cost. If you do not reply within the required time then we will deem no response as an acceptance and list your item at our revised guide price.
3.8 Should we deem (in our absolute discretion) at any time that any items are counterfeit copies or otherwise of doubtful authenticity or ownership, we shall withdraw the items from the Website and/or return the items to you within a reasonable period, subject to you first reimbursing the costs of carriage.
3.9 Display of your items or Information on the Website shall be entirely at our discretion. We reserve the right in our sole discretion at any time to refuse any items or Information for inclusion on the Website and/or remove them from the Website without giving any reason.
3.10 Without prejudice to our rights under paragraph 3.9, we would usually leave the items and Information on our Website until the items have been sold. If such items have not been sold within 6 months of initial advertising on our Website we may ask you to consider a revised Guide Price. If you do not want to accept the revised Guide Price we shall decide in our sole discretion whether we would wish to continue to advertise your items on our Website at the original Guide Price. If not we would return the items to you at your cost as soon as reasonably practicable.
3.11 If the items have still not been sold via the Website within a period of up to 3 years of original posting, we would normally give you one week's notice by email that we no longer wished to advertise such items. We would return them to you at your cost. In such circumstances you may then offer the items for sale to any third party via any other organisation.
3.12 If you ask us to withdraw the items from the Website or change your mind at any time after handing over your goods to us during the first 3 years we will return the products to you, subject to you first paying us carriage costs plus an administration fee of 10% of the then current Guide Price.
3.13 You shall not interfere with or disrupt the use of the China Matching Store Website by any other customer or user; or use or attempt to use the Website in any manner not permitted by our or in such a manner as to gain unauthorised entry or access to the computer systems of any other person or entity.
3.14 We make no representations or warranties as to the average traffic levels through the Website, the number of prospective enquiries or orders for items that might be expected by you.
3.15 Whilst we use all reasonable endeavors to ensure that the Website is available at all times, we make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected or that the Website or the server that makes it available or the Website is free of viruses or bugs or is fully functional, accurate or reliable.
4. SALE OF YOUR PRODUCTS
4.1 Once you have agreed a Guide Price, you will be deemed to have accepted irrevocably any offer made by a buyer to purchase your items at that Guide Price unless you have given us beforehand written notice that you wish to withdraw your items from the Website.
4.2 In the unusual circumstances where we have a customer who offers to buy your items at a price lower than the Guide Price, we will notify you by email, giving details of the proposed price. You agree to provide us with a mobile telephone number, email address or other contact information where we can contact you at all times. You agree to respond in writing to such offer within 24 hours of such contact by us, indicating whether or not such reduced offer is acceptable to you.
4.3 We may, from time to time, contact you by email requesting your participation in special promotions or sales, inviting you to consider a reduction of your Guide Price. Unless you agree in writing to such reduced Guide Price in writing, the original Guide Price will apply.
4.4 Once you have accepted any reduced offer or where you are deemed to have accepted an offer at the Guide Price the contract is made for the sale of the Products on the agreed terms. You may not cancel such contract once it has been agreed by you.
4.5 You acknowledge that customers have 14 working days after delivery to reject the items for any reason. If a customer returns the items to us, you will not be entitled to any payment for such returned items.
4.6 If items are returned to us by a customer, we will notify you by email and tell you whether we are prepared, in our sole discretion, to offer the items for resale again via the Website. If we do not want to reoffer them, we will return them to you at your cost using a courier or similarly secure service.
4.7 Any returned items will be at your risk once we have dispatched them to you.
5. PAYING FOR YOUR PRODUCTS
5.1 China Matching Store shall pay you for your items within 30 days of the later of the following events:
(a) 14 days after delivery of the item to the customer, where the consumer has not exercised his or her statutory right return the item to us within the prescribed 'cooling off' period;
(b) the date on which our customer pays us or the customer's credit card merchant pays us, as applicable.
5.2 The price China Matching Store pays you for your items shall be calculated as follows: the purchase price paid for the items by the customer, less our commission rate (as detailed in clause 2.2 or otherwise agreed between us in writing). Carriage, delivery, insurance costs and any applicable VAT are payable by the buyer and are not subject to this arrangement.
5.3 You cannot change the price or levy any extra charges.
5.4 We shall pay you for your items in pounds sterling by bank transfer to an account held in your name, details of which you must provide to us or by cheque to the address you notify us when you register on our Website.
5.5 Without prejudice to any other right or remedy, we reserve the right to set off any amount owing to us at any time by you against any amount payable by us to you.
5.6 Without prejudice to clause 7.1, you acknowledge that where any customers seek for any legitimate reason to recoup any purchase price for the items from us, China Matching Store, following purchase, you will be required to indemnify us in respect of any such claim, as well as being responsible for the payment of our commission rate and reimbursement of any of our expenses (and any VAT, if applicable).
6.1 You warrant to us that:
(a) you are over 18 years of age;
(b) you have the legal right to sell your items;
(c) the Information you provide to us shall be complete, accurate and truthful;
(d) the Information and your items do not infringe any third party's Intellectual Property Rights (defined below), other proprietary rights or rights of publicity or privacy;
(e) the Information and your items do not violate any law, statute or regulations;
(i) the Information does not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(j) the Products are in a clean and hygienic condition, free from soiling;
6.2 Intellectual Property Rights means all intellectual property rights wherever in the world arising (registered, unregistered or subject to application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, design rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
6.3 For the avoidance of doubt, attempting to sell counterfeit ('fake') goods or products which contain ivory or any other animal substance which comes from any endangered species (as defined in the Convention on International Trade in Endangered Species) will amount to a breach of the warranty set out in paragraph 6.1.
7.1 You shall keep us indemnified in full against all direct, indirect and consequential liabilities (including, but not limited to, loss of profits, loss of business and loss of contracts), loss, damages, injury, costs and expenses (including legal and professional fees) awarded against or paid by us in connection with:
(a) defective workmanship, quality or materials;
(b) any breach of the warranties set out in paragraph 6.1;
(c) and any claim made against us in respect of any liability, loss, damage, injury, cost or expense sustained by us, or by any customer or third party where such loss, damage, injury, cost or expense was caused by, relates to or arises from the items as a consequence of your direct or indirect breach or negligent performance or failure or delay in performing the terms of this agreement or any contract for the sale of items;
(d) all costs, claims, damages, losses and expenses arising as a result of any claim or action suffered by us in acting as your agent in performing our obligations under this agreement.
8. LIMITATION OF REMEDIES AND LIABILITY
8.1 Nothing in this agreement shall operate to exclude or limit our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud; or
(c) any other liability which cannot be excluded or limited under applicable law.
8.2 We shall not be liable to you for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
8.3 Subject to paragraph 8.1, China Matching Store’s aggregate liability to you in respect of claims based on events in any calendar year arising out of or in connection with this agreement, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the lower of: (i) the market value of the items to which any claim relates (which shall be no higher than the current Guide Price); or (ii) fees paid by us to you for Products in the twelve-month period immediately preceding any claim.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You agree that all trade marks, trade names, logos, URLs, or identifying slogans, whether or not registered (Trade Marks) associated with our services, products, literature, promotional materials or otherwise, are owned by us or licensed to us.
9.2 We retain all Intellectual Property Rights in the Website, and our Trade Marks. Nothing in this agreement grants you any rights in respect of such Intellectual Property Rights.
9.3 Any information provided by visitors to the Website (such as name, address and e-mail address) collected through any user registration purpose or otherwise shall be owned by us.
10. DATA PROTECTION
11.1 You may not assign or transfer any of your rights and obligations under this agreement. We may assign or transfer any of our rights under this agreement, provided that we give you advance notice.
12. ENTIRE AGREEMENT
12.1 Neither party shall have any remedy in respect of any untrue statement (whether written or oral) made to it upon which it relied in entering into this agreement, and neither party shall have any liability other than subject to the express terms of this agreement. Nothing in this paragraph, however, shall exclude or limit either party's liability for fraudulent misrepresentation.
13. THIRD PARTY RIGHTS
13.1 This agreement is made solely for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
14.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
15.1 If any provision of these Terms is found to be invalid, unenforceable or illegal, the other provisions shall remain in force. If the invalid, illegal or unenforceable provision could be amended or deleted to make it valid, legal and enforceable, appropriate modifications shall be made as necessary to give effect to the commercial intentions of the parties.
16. GOVERNING LAW AND JURISDICTION
16.1 These Terms and any disputes or claims arising out of or in connection with their subject matter are governed by the exclusive jurisdiction of the English courts.
16.2 Nothing in paragraph 16.1 shall limit our right to take proceedings against you in any other court of competent jurisdiction. The taking of proceedings in any one or more jurisdictions shall not preclude any proceedings in any other jurisdictions (whether concurrently or not) to the extent permitted by the law of such other jurisdiction.
16.3 Each of us irrevocably consents to any documents in any legal action or proceedings arising out of this agreement being served on us at the relevant address set out in these Terms (or as otherwise notified to the other from time to time), but nothing contained in these Terms shall affect the right to serve documents in any other manner permitted by law.