We aim to offer the most professional eBay selling service in the UK. We work on commission so you know we are incentivised to get your items sold for great prices. These terms provide the detail for how we'd like to work with you to do that. If you have any questions at all, please ask.

1. These terms
These terms and conditions form the complete agreement under which you (as a seller of items) will do business with us, Cantalis Ltd, T/A Stuff U Sell. This Agreement constitutes the entire agreement and understanding between you and us in relation to the subject matter thereof. This Agreement shall supersede any prior representations relating to the subject matter of this Agreement. We may at any time update these terms and conditions by publishing new terms and conditions on our website at www.stuffusell.co.uk/terms, which shall constitute notice to you of any such change. Any new terms and conditions so published will supersede these from their time of publication. These terms and conditions are governed by the laws of England and Wales. Any dispute shall be subject to the exclusive jurisdiction of the English Courts.

2. Collection, Bailment and Disposal of Unsaleable Items
We will act as bailee for your items from the time of delivery to our warehouse or loading into our van. Where we arrange collection by a third-party courier, you agree that liability for the items in transit shall be according to their terms and conditions, which are available on request. We may at any time and in our sole reasonable opinion decide that an item is unsaleable and this will terminate any agency relationship for that item and we will revert to acting as mere bailee in respect of that item. (For example, but not limited to these instances, we may deem unsaleable items which breach marketplace rules and those which we think will sell for less than our Minimum Net Sale amount - currently £30). We may give you one week's notice to collect any unsaleable items, and at the end of any such notice period you agree that full legal title to any uncollected items shall transfer to us. Upon such a transfer of ownership, the bailment ceases and we will bear any cost or reward for disposal of the items. Should transfer of ownership fail for any reason, we will continue to act as bailee for uncollected items for the sum of £25 per item per week until either you collect the items or you authorise us to dispose of the items at your expense.

3. Acting as selling agent
By giving us possession of an item, you authorise us to act as your selling agent for that item. We agree to act as your selling agent only in regard of those items which we continue to deem saleable. You authorise us to offer and sell your items through eBay and any other marketplace we choose, including but not limited to Amazon, Stuff U Sell and through private sale. The style, pricing, timing and manner of the offer will be entirely at our reasonable discretion, and we will use all commercially acceptable due skill and care to get you a fair market price. You understand that the price is subject to the highest buyer offer and is not in our control. In particular, you agree that the fair market price is no more than the highest bid in an eBay auction and is less than the price of any unsold eBay BuyItNow. You authorise us without further notice to enter you into a binding sales contract with a buyer and agree that full legal title will transfer directly to them either when they collect the item from us or pay us for dispatch. You agree for the sale to be subject to our current returns and refunds policy, as published on eBay. You consent to allow us to offer your item as "Postage Inclusive" or "Free P&P" and to deduct our standard postage fee (as published at www.stuffusell.co.uk/postage) from the buyer's payment to calculate the Gross Merchandise Value (GMV) of the item. Your consideration recorded for the sale will be equal to the Net Sales Value, defined as GMV less the Standard Marketplace Commission, as listed at www.stuffusell.co.uk/marketplace

4. Our fees
Collection charges are based on your location and load and will be quoted individually and are payable in advance. Our fees for acting as your selling agent will be as published in our Schedule of Fees at www.stuffusell.co.uk/fees when we take possession of your items unless otherwise agreed in writing. This is currently one third of the Net Sales Value of each item upto £500 and one tenth of the value above that, with a minimum of £10 per item. Additional fees may be chargable as set out in the Schedule. Settlement of your account will be due on the last day of the month in which the returns period on your final item has ended. All fees are deducted from the sales proceeds and payment made by cheque to your registered address or BACS.

5. Disclosure of other charges and potential profits
When acting as your selling agent, we take our obligation to act in your best interests extremely seriously. When authorising us to act as your agent for the fees above, you agree to the following code of conduct and consent to the following potential sources of profit: i) Where we, our employees, partners or related parties wish to purchase your item, this will either be done following an unsuccessful public offering of the item, at the same price and terms as were publicly offered, or by writing to you with the offer and seeking your consent to sell; ii) Where we charge the buyer our standard postage charge for delivering items, this may not be the exact expense and we may make a profit or loss from this activity; iii) Where we deduct a standard marketplace commission this is based on the current published headline charges but may not exactly match the exact expense incurred in the sale of your item and we may make a profit or loss from this; iv) Where we sell your item through our own website, we will benefit from a marketplace commission as published at www.stuffusell.co.uk/marketplace; v) eBay and other providers may offer us discounts, occasional offers, incentives or other benefits which are not factored in to the standard marketplace commissions and from which we may profit owing to reduced costs.

6. Your obligations
When engaging us to act as your selling agent, you warrant that all items are your own and that you are not constrained from selling them in any way. You will notify us of any defects, faults or anything material to the value of the item. You will not ask us to sell counterfeit, restricted or prohibited items. You will not act in any way which will interfere with the proper and fair progress of the sales process once underway - and in particular you will not bid on any of your own items. You will indemnify us against any loss or damage, including loss of commission, due to breaches of the above obligations. You understand that you may not be able to withdraw items from the sales process if we have made commitments to buyers. Where you terminate our agency and withdraw an item from sale, you agree to pay the lot withdrawal fee as published in the Schedule of Fees, currently £25 per item.

7. Your personal information
We take your privacy and anonymity in using our service seriously. We will hold your personal information electronically. We will use this information to deal with you in setting up your account and in the normal course of doing business with you. We may from time to time wish to contact you with information about our service and you may specifically opt-out of this at any time. We do not sell details to third parties for the purpose of unsolicited marketing, and will only disclose them where we are obliged to in order to resolve a dispute or are compelled to by law.

8. Our liability
We make no representation about the selling price of your items. In all cases - except where and to the minimum extent provided otherwise by statute - our liability for any loss or damage, whether caused by our negligence or otherwise, shall be limited to the selling price of your items, or the greater of five pounds and half of any pre-agreed start price if unsold. We shall not be liable for any other loss or damage – including direct, indirect, consequential or loss of profit, whether due to our negligence or otherwise – caused by or resulting from this agreement, our acts or omissions.

These terms last updated 29th March 2012