Terms and conditions for sellers
AGREED TERMS
Want Dont Want. Com Limited is a company registered in England and Wales with company number 04054408, whose registered office is at 341 Euston Road, London, NW1 3AD (we, us and our).
These Terms and Conditions provide information about us and the legal terms and conditions on which we provide a platform for sellers (you, your and Seller) to advertise and sell your Products to Buyers through www.wantdontwant.com (our Website). You may use our Website to sell your Products to Buyers. We act only as an intermediary between you and the Buyers, providing an opportunity for Buyers to be introduced to you, subject to these Terms and Conditions.
These Terms and Conditions may be changed by us without notice at any time. Such changes shall not apply retrospectively and shall not affect any transactions for Products purchased prior to the changes taking effect.
If you have any questions or queries about this or any other information on our Website, please do not hesitate to Contact Us at hello@wantdontwant.com or Tel: 020 7529 8180.
1. Definitions and Interpretation
1.1 The definitions and rules of interpretation in this clause apply in these Terms and Conditions.
Advertised Price: the Price at which a Product is advertised for sale on our Website;
Business Day: Monday to Friday inclusive, excluding any public or bank holidays;
Buyer: the Buyer of a Product;
Commission: 35% of the Sales Price plus VAT (subject to the provisions of clause 6.2), which is payable by you to us for using our Website to advertise and sell a Product to a Buyer;
Contract: the contract that shall arise between you and us in accordance with the provisions of clause 2.1;
Intellectual Property Rights: all patents, copyright, trademarks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, moral rights, design rights, rights in computer software, database rights, rights in text, artwork and photographs and rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered;
Notice of Purchase: a notice which will be prepared by us following the sale of a Product to a Buyer and which will contain details of the Proceeds of Sale;
Price: the price of a Product, plus VAT;
Proceeds of Sale: the Sales Price, less the Commission, to be forwarded by us to you;
Product: a product advertised for sale by you on our Website;
Sales Price: the Price at which a Product advertised for sale on our Website is sold to a Buyer;
Terms and Conditions: the terms and conditions set out in this document;
VAT : Value Added Tax.
1.2 A reference to a clause is to a clause of these Terms and Conditions. Clause headings shall not affect the interpretation of these Terms and Conditions.
1.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.4 Words in the singular shall include the plural and vice versa.
2. Application of Terms and Conditions
2.1 A Contract shall arise between you and us upon acceptance of these Terms and Conditions by you at clause 16. The Contract shall incorporate and be subject to these Terms and Conditions, to the exclusion of any other terms and conditions.
2.2 When you sell a Product through our Website, you shall be entering into a direct contractual relationship with the Buyer of that Product. We are not a buyer, trader, wholesaler or retailer and shall act as an intermediary between you and the Buyer only. Payment of the Price for a Product is made directly to us by the Buyer.
2.3 All negotiations between you and any Buyer shall be undertaken through our Website and all sales of Products shall be concluded through our Website.
2.4 Once the sale of a Product has been concluded via our Website and we are in receipt of full and cleared funds from the Buyer, the Product may be collected by the Buyer. If the Buyer fails to collect the Product on any date agreed between you and the Buyer for collection, you must first contact us before making any attempt to sell or otherwise dispose of the Product.
2.5 Although we will reasonably endeavour to secure the best price for your Products, we shall not under any circumstances be held liable if the Sales Price is less than the Advertised Price, regardless of the amount of the discrepancy.
2.6 Please note that we do not a offer a free valuation service in respect of any Product and that any advice given by any member of our staff is given for guidance only and is not something for which we may be held liable.
2.7 You shall be solely responsible for ensuring compliance with all applicable laws, regulations and by-laws (including but not limited to regulations covering the sale of furniture with fire retardant foam). In this capacity, you must familiarise yourself with any laws which regulate the return of Products by a Buyer, (including but not limited to the Consumer Contracts Regulations 2013) and where any such regulations are deemed to apply to the supply of any Product by you, you must abide by and honour them.
2.8 We shall not be responsible for your acts or omissions, nor for any error made by you.
3. Term
The Contract between you and us shall remain in full force and effect unless and until terminated in accordance with the provisions of clause 12.1.
4. Products
4.1 You must provide all information requested by us about your Products and you must make every effort to be as accurate as possible in order to ensure that all information about your Products on our Website is accurate and enables Buyers to make a fully informed decision before placing an order.
4.2 All Products shown on our Website are subject to availability. You shall notify us immediately of any change in the availability of any of your Products.
4.3 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display any colours accurately, we cannot guarantee that the computer display of any Buyer shall accurately reflect the actual colour of your Products. The images may vary slightly from your Products.
4.4 Please print a copy of these Terms and Conditions at the time you make Products available for sale on our Website for your ease of future reference.
5. Your obligations
5.1 You:
(a) warrant and represent that you are at least 18 years of age at the time that you make Products available for sale on our Website and possess the legal capacity and legal authority to enter into a direct contractual relationship with any Buyers in respect of any Products that you supply;
(b) warrant and represent that, you are the legal owner of any Product advertised or shall have the authority and consent of the legal owner to sell a Product on behalf of the legal owner;
(c) warrant and represent that, all Products are free of any lien, charge or encumbrance over any of them and that the sale or use of any Product shall not contravene any applicable law, regulation or by-law;
(d) warrant and represent that, all Products are available as per the collection dates published;
(e) warrant and represent that all registration, contact, Product, Price, payment details and all other information required by us is accurate, up to date, complete, reliable, non-deceptive, truthful and honest. We shall not accept any responsibility for your failure to fulfil your obligations under this clause 5.1 including, without limitation, any delay in you selling or failing to sell a Product or failing to receive the Proceeds of Sale;
(f) must check and amend any errors in the information provided to us as soon as possible;
(g) warrant and represent that the publication on our Website of any information submitted by you to us shall not detrimentally affect our reputation in any way or breach the rights of any third party including, without limitation, any Intellectual Property Rights and shall not render us liable to any legal proceedings; and
(h) should ensure that we are able to contact you by phone and email so that we may provide you with any necessary notifications.
5.2 You shall not, under any circumstances, use our Website to solicit anyone to buy or sell your Products other than through our Website.
6. Commission
6.1 Subject to clause 6.2, the Commission shall be retained by us after the Buyer makes payment in full and cleared funds to us. The Commission shall, under no circumstances be subject to any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.2 If you withdraw any Product or otherwise make any Product unavailable for sale or collection by a Buyer following the conclusion of the sale of that Product to a Buyer via our Website, you shall become immediately liable to pay the Commission to us and the Commission shall be payable as a percentage of the Advertised Price.
7. Proceeds of Sale
7.1 Once the Buyer has made payment for a Product in full and cleared funds to us, we will forward a Notice of Purchase to you. In order to receive payment of the Proceeds of Sale, you must raise an invoice against the Notice of Purchase and send the invoice to us. Upon receipt of your invoice we will forward payment of the Proceeds of Sale to you and we will reasonably endeavour to do this within 14-21 Business Days.
7.2 We may, at our sole discretion, withhold remittance of the Proceeds of Sale until any dispute between you and a Buyer is resolved to our satisfaction.
8. Intellectual Property Rights
The Intellectual Property Rights in any photographs and information provided by you for use on our Website must be owned by you or you must have a licence to use such Intellectual Property Rights. You must also have the authority to licence or sub-licence, as the case may be, all such Intellectual Property Rights to us free of charge on a non-exclusive, irrevocable, perpetual, royalty free basis. You agree that we shall be free to use all such Intellectual Property Rights on our Website, in any manner that we think fit including, without limitation, for any promotional campaigns.
9. Our liability
9.1 Nothing in these Terms and Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of any implied terms to any extent not permissible by law.
9.2 Subject to clause 9.1 and any limitation of our liability set out elsewhere in these Terms and Conditions:
(a) we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price of each Product in respect of each Product advertised on our Website.
9.3 We shall not be liable for any injury, loss or damage caused by Products sold by you.
9.4 You undertake to indemnify, defend and otherwise hold us harmless, from all liabilities, costs, expenses, losses, damage, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses arising from any proceedings (legal or equitable) or claims brought or asserted by or against us including, without limitation, in respect of untrue or misleading information, or infringement of any third party Intellectual Property Rights arising from publication of information submitted by you on our Website.
9.5 We shall not be responsible for ensuring that any information submitted by you to us for use on, or in relation to, our Website is suitable for any purpose required by you.
9.6 Any terms implied by any applicable law are, to the fullest extent permitted by law, excluded from the Contract.
10. Communications
10.1 You can contact us in writing by sending an e-mail to hello@wantdontwant.com.
10.2 Please keep a copy of all correspondence for your own records.
10.3 If we have to give you notice in writing, we will do so by e-mail using the email address that you have provided to us.
11. Making a complaint
11.1 It is your responsibility to ensure that your Products are of satisfactory quality, are fit for purpose and correspond with their description on our Website.
11.2 We will liaise with you and the Buyer in respect of any complaint or claim made by a Buyer.
11.3 You agree to provide us with your full co-operation and to provide any form of evidence reasonably requested by us in respect of any complaint or claim made by a Buyer.
11.4 We reserve the right to enforce any rights on behalf of Buyers.
12. Termination
12.1 Without affecting any other right or remedy available, the Contract may be terminated by either party to the Contract with immediate effect upon serving written notice on the other party if:
(a) either party fails to pay any amount due under these Terms and Conditions on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment;
(b) either party commits a material breach of these Terms and Conditions which is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 10 days after being notified to do so in writing;
(c) either party repeatedly breaches any of the terms of these Terms and Conditions in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to these Terms and Conditions;
(d) either party is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case within the meaning of section 268 of the Insolvency Act 1986 or it commence negotiations with all or any class of its creditors or a receiver is appointed over its assets or it is the subject of a bankruptcy petition or order or a creditor enforces their rights against its assets and such attachment or process is not discharged within 14 days;
(e) either party passes away or, by reason of illness or incapacity (whether mental or physical), is incapable of managing its own affairs or become a patient under any mental health legislation.
12.2 For the purposes of clause 12.1 (b), material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the non-breaching party would otherwise derive from a substantial portion of the Contract. In deciding whether any breach is material, no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.
13. Consequences of termination
13.1 On termination of the Contract:
(a) you shall immediately pay to us all outstanding sums (if any); and
(b) the following clauses shall continue in force: clause 9 (Our liability), clause 10 (Communications), this clause 13 and clause 15.8 (Governing law and jurisdiction).
13.2 Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of either you or us that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
13.3 For the avoidance of doubt, termination of the Contract (howsoever and by whomsoever occurring) shall not affect any of our rights under clause 6.
14. Force majeure
14.1 Force Majeure Event means any circumstance not within our reasonable control including, without limitation acts of God such as flood, drought, earthquake or other natural disaster, epidemics or pandemics, terrorist attacks, civil war, civil commotion or riots, armed conflict, sanctions, laws or regulatory action, fire, explosion or accident, trade disputes, non-performance by suppliers or subcontractors and failure of utility services.
14.2 If we are prevented, hindered or delayed in or from performing any of our obligations under these Terms and Conditions by a Force Majeure Event, we shall not be in breach of these Terms and Conditions or otherwise be liable for any such failure or delay in the performance of such obligations.
14.3 We shall:
(a) as soon as reasonably practicable after the start of the Force Majeure Event, notify you in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on our ability to perform any of our obligations under these Terms and Conditions; and
(b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations.
15. General
15.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect any rights or obligations between us under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if you obtain our prior written consent.
15.2 No third parties shall have any right to enforce any part of these Terms and Conditions.
15.3 The rights and remedies provided under these Terms and Conditions are in addition to and not exclusive of, any rights or remedies provided by law.
15.4 Nothing in these Terms and Conditions is intended to, or shall be deemed to establish any partnership or joint venture, nor constitute us as your agent.
15.5 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
15.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that shall not mean that we have waived our rights against you and it does not mean that you do not have to comply with those obligations. If we do waive any default made by you in respect of these Terms and Conditions, we will only do so in writing and that does not mean that we will automatically waive any later default by you.
15.7 These Terms and Conditions constitute the entire agreement between you and us. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. You agree that you shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
15.8 Please note that these Terms and Conditions are governed by English law. This means that the Contract between you and us and any dispute or claim arising out of or in connection with it will be governed by English law. We both agree that the courts of England and Wales shall have non-exclusive jurisdiction.
16. Acceptance of Terms and Conditions
You must enter your email address and press ‘I Accept’ to accept these Terms and Conditions if you wish to offer any product for sale via our Website and it is important to read and understand these Terms and Conditions before doing so. By entering your email address and pressing ‘I Accept’, you confirm that you accept these Terms and Conditions and that you agree to be bound by them.
