Terms and Conditions
COMMUNITY LINKS TRADING LIMITED ("CLTL")
click to go down to seller terms and conditons
BUYER TERMS AND CONDITIONS
By bidding the highest amount (the "Bid Amount") for the advertised item or items
(the "Goods") at the end of the internet auction process, and proceeding to purchase
the Goods, you (the "Buyer") agree to be legally bound by the Terms and Conditions set out below.
Please read them carefully. Please contact CLTL via email or post with your queries if there is anything you do not understand.
1. SALE OF GOODS AND PAYMENT TO CLTL
1.1 CLTL agrees to sell the Goods to the Buyer and the Buyer agrees to pay CLTL the "Total Sale Price".
The Total Sale Price is the sum of the Bid Amount and the costs of delivery of the Goods specified above
(the "Delivery Costs").
1.2 The Buyer agrees to pay the Delivery Costs specified for the Goods.
The Delivery Costs depend on the size and weight of the Goods and the location of the Buyer's address.
1.3 Payment must be made by the Buyer within 10 days of the Buyer being notified via email that it is the
highest bidder in the auction process.
1.4 If payment has not been received by CLTL within the timeframe set out in clause 1.3 above,
subject to the absolute discretion of CLTL, the Buyer will no longer be entitled to purchase the Goods.
1.5 Payment for the Goods is to be made by Paypal only. Note that credit and debit card payments can be made
through Paypal without having a Paypal account.
2. LEGAL STATUS OF CLTL
2.1 From time to time, CLTL will sell the Goods not as principal on its own account,
but as agent for the owner of the Goods (the "Seller").
In these circumstances, CLTL is not the owner or seller of the Goods and agrees to sell the Goods to the
Buyer on behalf of, and as agent for, the Seller.
2.2 Title to the Goods remains with CLTL or the Seller (as the case may be) until the
Goods are delivered to the Buyer. Where CLTL acts as agent of the Seller,
title will not transfer to CLTL at any time.
3. DELIVERY
3.1 CLTL agrees to despatch the Goods from CLTL's warehouse to the Buyer's nominated
address within 2 to 3 business days of satisfactory payment of the Total Sale Price
by the Buyer to CLTL in accordance with clause 1 above. Delivery times will depend
upon the location of the Buyer's address.
3.2 If the Goods cannot be delivered to the Buyer's address for any reason
(including without limitation, no-one being available to accept the Goods on delivery)
and the Goods are returned to CLTL, CLTL will notify the Buyer by e-mail.
3.3 Further to clause 3.2, CLTL will redeliver the Goods to the Buyer's address on further
payment by the Buyer to CLTL of the Delivery Costs in accordance with clause 1.2.
3.4 CLTL may refuse to deliver the Goods to the Buyer in certain circumstances including (without limitation):
3.4.1 the Buyer failing to pay for the Goods; or
3.4.2 CLTL being unable to authenticate the Buyer's identity.
4. INSURANCE
The Buyer has the option to insure the delivery of the Goods.
The costs of such insurance will form part of the Delivery Costs.
5. RETURNS
5.1 Goods may only be returned in the event they are faulty or have been mis-described
(or, where appropriate, otherwise breach the Seller's warranties set out in clause 6 below) provided:
5.1.1 the Buyer notifies CLTL by email within 5 business days of delivery of the Goods to the Buyer,
setting out in detail the reasons for returning the Goods; and
5.1.2 CLTL in its absolute discretion authorises such return and issues the Buyer with a "Returns Number".
5.2 The Buyer is not entitled to return the Goods merely because he or she has changed his or her mind.
5.3 A refund of the Bid Amount will be made to the Buyer in the event that:
5.3.1 CLTL receives from the Buyer the returned Goods at the specified address within 10 days of
notification to CLTL in accordance with clause 5.1.1; and
5.3.2 the Goods are returned to CLTL in exactly the same condition in which they were delivered to the Buyer; and
5.3.3 the Goods are accompanied by a valid Returns Number; and
5.3.4 on inspection of the Goods, CLTL is reasonably satisfied that the Goods are in fact faulty, mis-described or,
where appropriate, otherwise breach the Seller's warranties set out in clause 6 below, and such fault,
mis-description or breach was not caused or contributed to by an act or omission of the Buyer.
5.4 The Buyer is responsible for all return delivery and insurance costs.
6. SELLER'S WARRANTIES
6.1 Where CLTL acts as agent of the Seller, the Seller takes sole responsibility
for any faults or defects in the Goods and for anything it does or says in
relation to the Goods including but not limited to any description of the Goods,
their ownership or authenticity.
6.2 Where CLTL acts as agent of the Seller, the Seller warrants that:
6.2.1 it is the owner of the Goods, is able to sell the Goods to the Buyer and transfer
full ownership of the Goods to the Buyer free from any claim; and
6.2.2 the Goods will materially conform with the description given in the listing.
6.3 CLTL gives no warranties in relation to the Goods.
7. WARRANTY DISCLAIMER
Except as set out in these Terms and Conditions, all conditions, warranties and
representations, expressed or implied by (i) statute, (ii) common law or
(iii) otherwise, in relation to CLTL's obligations under these Terms and Conditions are excluded.
8. LIABILITY CAP
The entire liability of CLTL and the Seller in aggregate under or in connection with these
Terms and Conditions whether for negligence, breach of contract, misrepresentation or
otherwise, is limited to the Bid Amount.
9. LIMITATION OF CLTL'S LIABILITY
9.1 CLTL will not be liable for any loss or claim arising under or in connection with these
Terms and Conditions except to the extent CLTL has failed to carry out its obligations
under these Terms and Conditions to a reasonable standard.
9.2 Nothing in these Terms and Conditions will operate to exclude or restrict CLTL's liability for:
9.2.1 its fraudulent behaviour; or
9.2.2 death or personal injury caused by its negligence; or
9.2.3 its breach of the obligations arising from s.12 of the Sale of Goods Act 1979; or
9.2.4 where the Buyer "deals as a consumer" within the meaning of the Unfair Contract Terms Act 1977,
CLTL's breach of the obligations arising from s.13, 14 or 15 of the Sale of Goods Act 1979,
except to the extent that such liability is caused or contributed to by an act or omission of
the Buyer or a third party, or arises as a result of events beyond the reasonable control of CLTL.
10. PERSONAL DATA
CLTL shall use the personal information of the Buyer in order to implement these Terms and Conditions.
CLTL will not publish the Buyer's personal information on any of the internet auction sites or pass it
to any third party unless required to do so by any of the terms of the internet auction sites.
11. DISPUTE RESOLUTION
In the event a dispute has arisen as to the conduct of any auction (including without limitation,
a dispute between bidders or a dispute as to the identity of the Buyer), CLTL shall be the sole
arbitrator and its decision shall be final and binding on all concerned.
12. TERM AND TERMINATION
12.1 The term of these Terms and Conditions will commence at the time at which the Buyer submits
the highest bid on the internet auction site and will continue until the later of the date on which:
12.1.1 the Goods are delivered to the Buyer's address; or
12.1.2 the Goods are returned to CLTL at the specified address and a refund is paid to the Buyer; or
12.1.3 the Buyer fails to pay for the Goods.
12.2 These Terms and Conditions may be terminated or amended by CLTL without notice, for any reason at any time.
13. EFFECT OF TERMINATION
Clauses 2, 6, 7, 8, 9, 10, 11, 13 and 15, will survive the termination of these Terms and Conditions,
together with those clauses the survival of which is necessary for the interpretation or enforcement of
these Terms and Conditions.
14. GENERAL
14.1 The Buyer may not assign or transfer or purport to assign or transfer any of its rights or obligations
under these Terms and Conditions without first having obtained CLTL's written consent.
14.2 The invalidity, illegality or unenforceability of the whole or part of a Term or Condition does not
affect or impair the continuation in force of the remainder of these Terms and Conditions.
14.3 The failure by CLTL to exercise or delay by the CLTL in exercising a right or remedy provided by these
Terms and Conditions or by law does not constitute a waiver of the right or remedy or a waiver of other
rights or remedies. No single or partial exercise of a right or remedy provided by these Terms and Conditions
or by law prevents a further exercise of the right or remedy or the exercise of another right or remedy.
15. GOVERNING LAW
These Terms and Conditions are governed by English law and the courts of England shall have exclusive
right to deal with any dispute.
SELLER TERMS AND CONDITIONS
These terms and conditions govern the contractual relationship between you and CLTL.
They do not establish any contractual relationship with the charity shop where you
deposited the Goods for auction (the "Drop-Off Point").
You agree to be legally bound by these Terms and Conditions on delivery of your items
to a CLTL Drop-Off Point. Please read them carefully. Please contact CLTL via email
or post with your queries if there is anything you do not understand.
1. SERVICES
1.1 These Terms and Conditions govern the provision of the following services
(the "Services") by CLTL on behalf of the Seller whereby CLTL will:
1.1.1 receive and store the Goods;
1.1.2 list, offer and sell the Goods on the internet auction sites selected by CLTL, in its absolute discretion; and
1.1.3 collect the sale price (the "Sales Price"), which is the offer made for the Goods by the
highest bidder (the "Buyer"), deduct the fees and other amounts described in
clause 4.1 below and forward the remainder of the Sale Price in accordance with the terms as specified below.
1.2 CLTL does not act on behalf of the Buyer.
1.3 CLTL does not guarantee the existence of, or bids made by, the Buyer or other bidders and
is not responsible for anything they do or say in relation to the Goods,
including but not limited to any breach of the terms and conditions to which all bidders are bound.
1.4 The Seller absolutely, unconditionally and irrevocably appoints CLTL to auction the Goods on the
Seller's behalf and for that purpose authorises CLTL to contract with the Buyer on such reasonable
terms as CLTL may determine in its absolute discretion.
1.5 The relationship between the Seller and CLTL is that of a principal and agent whereby CLTL acts as
agent for the Seller. Nothing contained herein shall be construed as creating any other form of
relationship between the Seller and CLTL.
1.6 The Seller takes sole responsibility for any faults or defects in the Goods and for anything it
does or says in relation to the Goods including but not limited to any description of the Goods,
their ownership or authenticity or any breach of these Terms and Conditions.
1.7 Title to the Goods remains with the Seller until the Goods are delivered to the Buyer.
Title will not transfer to CLTL at any time.
2. BINDING BIDS AND RESERVE PRICE
2.1 Subject to clause 2.2 below, at the end of the internet auction process, the Seller is required
to sell the Goods to the highest bidder, except in the event of exceptional circumstances which
may include (without limitation):
2.1.1 the Buyer failing to pay for the Goods; or
2.1.2 CLTL being unable to authenticate the Buyer's identity.
2.2 The Seller is entitled to set a reserve price on any of the Goods which is the minimum price the
Goods can be sold for (the "Reserve Price").
The Reserve Price must be set at the time of depositing the Goods at a CLTL Drop-Off Point.
If the Seller chooses to set a Reserve Price and the Goods fail to sell at the end of the auction process,
the Seller agrees to pay CLTL by cheque upon presentation of a valid cheque guarantee card,
a fee of £10 plus 2% of the Reserve Price.
3. UNSOLD GOODS
In the event that the Goods have failed to sell having been listed on one or more internet auction sites,
CLTL will notify the Seller. If the Seller does not arrange to pick up the Goods from the location specified
in the notice within 20 days of receipt of notification that such Goods have failed to sell,
the Seller authorises CLTL to dispose of such unsold Goods in whatever manner CLTL in its
absolute discretion deems appropriate.
4. PAYMENT TO SELLER AND CLTL'S FEES
4.1 As consideration for CLTL providing the Services, the Seller agrees that CLTL will be entitled to
deduct from the Sales Price and retain:
4.1.1 the sum of:
(a) thirty percent (30%) of the first £100 of the Sales Price (not including any amount in respect of VAT); and
(b) twenty percent (20%) of any portion of the Sales Price (not including any amount in respect of VAT) which exceeds £100,
subject always to a minimum charge of £9; and
4.1.2 any amount of the Sales Price which represents VAT; and
4.1.3 an amount equal to all fees imposed by eBay (or any equivalent auction site on which the Goods are advertised); and
4.1.4 an amount equal to all fees imposed by PayPal (or any equivalent online payment mechanism service provider).
4.2 Following receipt by CLTL of the Sales Price from the Buyer, the Seller, subject to clause 4.3,
authorises CLTL to deduct the fees and other amounts referred to in clause 4.1 from the
Sales Price and forward the remainder to the Seller, by cheque, within 30 days from the date of
CLTL's receipt of the Sales Price for the Goods.
4.3 Payment will only be made to the Seller, in accordance with this clause 4, if the Buyer does not
claim a refund of the Goods as a result of a breach of any of the warranties set out in clause 6
below within 7 days of delivery of the Goods to the Buyer.
4.4 The Seller authorises CLTL to determine in its absolute discretion any dispute with the Buyer as to
whether there has been a breach of the warranties set out in clause 6 and hence, whether the Buyer
is entitled to a refund.
4.5 In the event the Goods are returned to CLTL and a refund is made to the Buyer, CLTL will notify
the Seller and the Seller will be required to collect the Goods from the location specified in
the notice within 30 days of receipt of the notice, failing which CLTL shall be entitled to
dispose of the Goods in whatever manner it determines in its absolute discretion.
4.6 Further to clause 4.5, the Goods will be available for collection by the Seller in the
condition in which the Buyer delivered them to CLTL. CLTL takes no responsibility for the
condition of the Goods as returned by the Buyer having been issued with a refund.
5. CLTL'S RIGHT TO REFUSE TO SELL GOODS
5.1 CLTL may at any time in its absolute discretion divide the Goods, combine any two or more Goods,
refuse to accept any or all of the Goods from the Seller, refuse to sell any or all of the Goods,
remove the Goods from the internet sites, refuse any bid and terminate the Services.
Reasons for CLTL exercising these rights may include, without limitation, the following:
5.1.1 the Seller breaches these Terms and Conditions;
5.1.2 the Goods fall into any category of Prohibited, Questionable or Potentially Infringing Items
as defined and listed on the eBay website at www.ebay.co.uk, as amended from time to time;
5.1.3 CLTL is unable to authenticate or verify any information that the Seller provides to CLTL;
5.1.4 CLTL believes that the Seller's actions may cause financial loss or legal liability for the Seller, the Buyer or CLTL; or
5.1.5 CLTL suspects that the Seller has engaged in fraudulent activity in connection with the goods or CLTL.
5.2 In the event that CLTL exercises its right to refuse to sell the Goods in clause 5.1,
CLTL shall notify the Seller and the Seller shall collect the Goods from the specified
location in the notice within 7 days of receiving the notice, failing which CLTL shall be
entitled to dispose of the Goods in whatever manner it determines in its absolute discretion.
6. SELLER'S WARRANTIES
6.1 The Seller represents and warrants for the benefit of CLTL (and hereby authorises
CLTL to give the same representations and warranties in the name of the Seller for the benefit of the Buyer) that:
6.1.1 it is the owner of the Goods or is properly authorised to sell the Goods by the true owner and it is
able to transfer full ownership of the Goods to the Buyer free from any claim;
6.1.2 it is not involved in the sale of counterfeit or stolen items or in violation of any law, statute or regulation;
6.1.3 it is selling as a private individual and not acting in the course of a business and
accordingly any agreement between Seller and Buyer will be a private sale;
6.1.4 it is not registered or liable to be registered for VAT
(if the Seller is registered for VAT, the Seller should notify CLTL in writing giving the VAT registration number);
6.1.5 the Goods and the rights granted under these Terms and Conditions do not infringe upon the
proprietary rights (including but not limited to intellectual property rights) of any third party;
6.1.6 the information provided regarding the Seller's identity and the description of the Goods as set out
above is truthful, accurate and complete; and
6.1.7 the Goods are not defamatory, faulty, defective, unlawfully threatening or harassing, obscene,
contain child pornography or otherwise adult in nature or harmful to minors.
7. INDEMNITY
The Seller agrees to indemnify and hold CLTL harmless from any claims, damages or demands of any kind
or nature arising out of the Goods made by any third party, connected to the Seller's breach of these
Terms and Conditions or the Seller's violation of any law or the rights of any third party.
8. WARRANTY DISCLAIMER
All conditions, warranties and representations, expressed or implied by (i) statute,
(ii) common law or (iii) otherwise, in relation to CLTL's obligations under these Terms and Conditions are excluded.
9. LIMITATION OF CLTL'S LIABILITY
CLTL will not be liable for any loss or claim arising under or in connection with these
Terms and Conditions except to the extent CLTL has failed to carry out its obligations under these
Terms and Conditions to a reasonable standard. Nothing in these Terms and Conditions will
operate to exclude or restrict CLTL's liability for its fraudulent behaviour or for death or
personal injury caused by its negligence, except to the extent that such liability is caused or
contributed to by an act or omission of the Seller or a third party, or arises as a result of
events beyond the reasonable control of CLTL.
10. LIABILITY CAP
The entire liability of CLTL under or in connection with these Terms and Conditions whether for
negligence, breach of contract, misrepresentation or otherwise, is limited to:
10.1 70% of the Sales Price (if the Goods have been sold at the time the liability arises); or
10.2 70% of the average sales price identified on the eBay record of similar items selling in the
previous 30 days, if available and reasonably able to be determined by CLTL in its absolute
discretion (if the Goods have not been sold at the time the liability arises); or
10.3 £100 (if the amount referred to in clause 10.2 above is not available or is
otherwise not reasonably able to be determined in accordance with that clause).
11. PERSONAL DATA
CLTL shall use the personal information of the Seller to provide the Services as
required under these Terms and Conditions. CLTL will not publish the Seller's personal
information on any of the internet auction sites or pass it to any third party unless
required to do so by any of the terms of the internet auction sites. CLTL may from
time to time contact the Seller with information about CLTL's services but the Seller
can opt out of receiving such information where specified above.
12. TERM
The term of these Terms and Conditions will commence on the date hereof and will
continue until all Goods accepted by CLTL under these Terms and Conditions are
sold and delivered, returned to the Seller or disposed of (as the case may be)
in accordance with these Terms and Conditions.
13. EFFECT OF TERMINATION
Clauses 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 will survive the termination of these Terms and Conditions.
14. GENERAL
14.1 The Seller may not assign or transfer or purport to assign or transfer any of its rights or obligations
under these Terms and Conditions without first having obtained CLTL's written consent.
14.2 The invalidity, illegality or unenforceability of the whole or part of a condition does not
affect or impair the continuation in force of the remainder of these Conditions.
14.3 The failure by CLTL to exercise or delay by the CLTL in exercising a right or remedy
provided by these Terms and Conditions or by law does not constitute a waiver of the
right or remedy or a waiver of other rights or remedies. No single or partial exercise
of a right or remedy provided by these Terms and Conditions or by law prevents a further exercise
of the right or remedy or the exercise of another right or remedy.
15. GOVERNING LAW
These Terms and Conditions are governed by English law and the courts of England shall have
exclusive right to deal with any dispute.