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Seller Terms

These Seller Terms form part of the Terms of Use and outline your rights and obligations under the Contract of Sale you enter into with Buyers of your Item/s. You can find the obligations of Buyers under the Contract of Sale in the Buyer Terms.

 

1: Creating your User Account

When you create your User Account on Crowdwindow Online Auction Marketplace, you must do so in accordance with the Terms of Use and the following:

 

Are you a Private Individual or Professional Seller ? When registering on Crowdwindow Online Auction Marketplace, you must truthfully state whether you are a Private Individual or a Professional Seller in connection with your trade or business.

 

Age Restrictions. Users must be minimum 18 years old, or 16 years old if they have express permission from their legal guardian of minimum 18 years old.

 

Identifying yourself. In addition to your name, email address, mobile phone number and address, you may be asked to provide identification information in the form of one or more of the following: your bank account number, date of birth, driver licence, Chamber of Commerce ID, Passport, VAT identification number, Utility Bill.

 

Professional Seller. When you use the Crowdwindow Online Auction Marketplace as a Professional Seller, you are obliged to comply with all applicable tax laws and regulations.

 

Fulfilling your VAT obligations. Professional Sellers who want to be treated as VAT registered are obliged to provide a valid VAT identification number. If you are based outside the United Kingdom or the EU and you don’t have a VAT identification number, you must provide alternative satisfactory proof.

 

Complying with the EU right of withdrawal. When using the Crowdwindow Online Auction Marketplace in a Professional capacity, you agree and accept that Buyers in the European Economic Area (EEA) may be entitled to a 14-day ‘right of withdrawal’. 

 

2: Offering up Item/s in Auctions or Fixed Price Listings

When you have created your User Account, you can post your own Seller Auctions or Fixed Price listings on Crowdwindow Online Auction Marketplace in accordance with the Terms of Use and the following:

  • You must give a clear, truthful, correct, accurate and comprehensive description of your Items/s.
  • You must give honest information about the condition and user worthiness of your Item/s.
  • You must choose the correct classification for your Auction, based on the Item/s.
  • You must upload one or more clear, recent and well lit colour photographs of your Items/s and include close-ups of any damage or wear.
  • If you are posting an Auction Listing you may provide a Reserve Price, if you decide to set one.
  • You must provide the actual total costs that you require for shipping your Item/s to the Buyer (including any taxes or duties), unless you have stated that the Buyer must collect your Item/s.

 

3: Your guarantee that you are legally entitled sell your Item/s.

When you list an Auction on the Crowdwindow Online Auction Marketplace you are personally guaranteeing that:

  • You are legally entitled to offer and sell the Item/s included in your Listing.
  • You are not violating any law, act, treaty or regulations.
  • You are not infringing on any rights of third parties.
  • You are not acting in a way that is fraudulent.
  • You are not acting in a way that is unlawful and/or fraudulent towards third parties or Crowdwindow Ltd.
  • You are not posting your Auction Listing or Fixed Price Listing as part of a fake transaction to enable the laundering of money.

 

4: Withdrawal of Listings

Auction Listings and Fixed Price Listings may be withdraw before they are published on the Crowdwindow Online Auction Marketplace and visible to other Users.

After you have published an Auction Listing you cannot remove the Auction or change the conditions that are attached to the Auction.

If you require your Auction to be removed after it has been published, you must contact us and will be required to provide us with all documents, files and other forms of proof that we ask for and a genuine reason that it should be removed. The Auction will only be removed by us if we decide that the proof provided is sufficient. If we do remove your Auction, you are liable for cancellation costs.

You can remove your Fixed Price Listing at any time.

 

5: Live Auctions

When your Auction has been accepted, published and the Auction has started, Buyers can Bid on your Auction. As a Seller on Crowdwindow Online Auction Marketplace you agree and accept the Terms of Use and the following rules:

 

Contract of Sale. Sellers and Buyers automatically enter into a Contract of Sale (purchase agreement) when the Seller accepts the Buyers Bid as the winning Bid for their Listed Auction, or a Buyer carries out the buying procedure for the Sellers Fixed Price Item/s. 

 

Shill bidding is prohibited. You must not bid on your own Auctions, or the Auctions of someone connected to you and you must not have someone connected to you bid on your Auctions, which is called Shill Bidding.

 

The Item/s included in your Auction must be exclusively offered here. You must not offer any Item/s included in your Auction through any other sales channels while your Auction is 'live' and running on the Crowdwindow Online Auction Marketplace. 

 

6: Shipping Sellers Items to Buyers, or enabling collection by the Buyer

As soon as the Buyer has paid the full Purchase Price (including any shipping, taxes duties etc.) into your Stripe Account, you handover/deliver the Item/s to the Buyer by shipping or arranging for the Buyer to collect your Item/s. You agree and accept that you will do so in accordance with the Terms of Use and the following rules:

 

You must ship your Item/s to the Buyer within three (3) business days of payment. If you have agreed to ship your Item/s to the Buyer, then you must carefully package the Item/s and send it/them within 3 working days of the Buyer paying the full Purchase Price (including any shipping, taxes duties etc.) into your Stripe Account.

 

It is your responsibility to send your Sellers Item/s to the Buyer.

 

You must ship your Sellers Item/s with secure Track & Trace. It is important that you use secure Track and Trace shipping method, as any loss or damage of your Sellers Item/s is your responsibility and you will bear the risk and cost of any damage or loss during shipping.

 

Your Sellers Item/s must be shipped from the address registered in your User Account. You must ship your Sellers Item/s from the address that you have registered in your User Account. If you ship your Sellers Item/s from a different address, you must cover any extra costs such as, but not limited to: import taxes and duties.

 

You must not ship your Sellers Item/s from unsupported Countries. You must not ship your Sellers Item/s from any Countries that are not listed on the Supported Countries List. If you ship your Sellers Item/s from any unsupported Country, you are at default and you forfeit the right to receive payment.

 

Liaising with the Buyer if there are shipping issues. If there are any lost, or damaged problems with shipping of your Sellers Item/s to the Buyer, you are obliged to reach a solution with the Buyer. If you cannot reach a satisfactory solution with the Buyer you must cooperate in an investigation by the shipping company.

 

Refunding excess shipping fees to the Buyer. If the total costs charged to you by the shipping company (including any taxes or duties), are less than the amount that you have stated in your Listing, then you are obliged to refund the Buyer the excess that the Buyer has paid. 

 

7: Getting Paid for the Item/s in your Auction or Fixed Price Listing

When you sell your Item/s on the Crowdwindow Online Auction Marketplace the Buyer pays the full Purchase Price (including any shipping, taxes duties etc.) into your Stripe Account. Stripe transfers the funds from your Stripe Account to your Bank Account in accordance with the Stripe service procedures.

You agree and accept that getting paid for your Auction Item/s is done so in accordance with the Terms of Use and the following rules:

 

Your payment may be suspended. We reserve the right to carry out any procedure that will result in any payments to you being suspended (until resolved) if the Buyer has given us notice of a dispute due to and not limited to: alleged damage, alleged non-delivery, alleged non-conformity of the Item/s or if, in our opinion you have not acted in accordance with our Terms of Use, Seller Terms and/or the Contract of Sale.

 

We may cancel transactions for non-payment by the Buyer. In the event that the Buyer does not pay in accordance with their obligations under the Contract of Sale, Terms of Use and Buyer Terms, we will send them several payment reminders. However, if, after our reminders, the Buyer still does not pay, then you agree, accept and acknowledge that we may cancel the transaction in our Crowdwindow Online Auction Marketplace system. Following us cancelling the transaction in our system, you may either re-list your Auction on the Crowdwindow Online Auction Marketplace, or liaise directly with the Buyer to obtain your rights under the Contract of Sale, as it is important that you are aware that the cancellation of the transaction is not the same as a dissolution of the Contract of Sale and the Buyers obligations remain. 

 

Exchange rates. You agree and accept that transactions on and via the Crowdwindow Online Auction Marketplace are subject to exchange rates which may result in you being paid a lower, or higher, Purchase Price for your Item/s. In addition we may round the Purchase Price off to the nearest whole currency unit before you are paid by us.

 

Payments are governed by the Terms and Conditions of our Payment Service Providers. We use Stripe for the Payment processing services on the Crowdwindow Online Auction Marketplace. The payment processing services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the ‘Stripe Services Agreement’). By selling on the Crowdwindow Online Auction Marketplace, you agree to be bound by these relevant Terms, which may be modified from time to time. Receiving payment may depend on you filling in all the details required by Stripe such as and not limited to your: name, address, date of birth, company details and additional identification information. If Stripe blocks a payment in accordance with their applicable terms, we are entitled to cancel the transaction in our system and refund the Buyer. In those cases, we cannot be held liable or responsible for any damages related to the cancellation of the transaction.

 

8: Failing to fulfil your obligations towards the Buyer

In the event that you fail to fulfil your obligations towards the Buyer under the Contract of Sale, you will be in default and the Buyer will be entitled to dissolve the Contract of Sale. At our discretion we may send you a notice of your default and a notice of dissolution of the Contract of Sale on behalf of the Buyer.

You agree and accept that in that case, your obligations will include compensating the Buyer for damages, without prejudice to any other right/s. The damages includes the reimbursement to the Buyer for any Purchase Price that you have already received from them and you acknowledge and agree that we accept no responsibility for such reimbursement. 

 

9: Failing to fulfil your obligations to Crowdwindow Ltd

In the event that you fail to fulfil your obligations towards us under the Terms of Use and Seller Terms, you agree and accept that we may decide to cancel the transaction of the relevant Auction in which case we can hold you liable for any and all damages and costs we sustain and/or incur as a result which includes the Seller Commission. You agree and accept that such cancellation is not the same as a dissolution of the Contract of Sale.  

 

10: Consequences if you fail to comply with the Terms of Use & Seller Terms

You acknowledge, agree and accept that to secure our own rights and those of other Users of the Crowdwindow Online Auction Marketplace, that if fail to comply with the Terms of Use, Seller Terms and any Contract of Sale, we are entitled, at all times and at our sole discretion to: (a) suspend pay-out or refund to you, (b) withhold payment to you, (c) offset any financial claim we have towards you with any financial claim that you may have towards us. Any such actions are regulated by mandatory consumer law and we may only do so in accordance with such mandatory law.

You acknowledge, agree and accept that: (a) if you have breached Terms of Use, Seller terms or Contract of Sale (b) if you have repeatedly received poor ratings (c) if we are notified or made aware of issues with your behaviour or conduct, (d) if we believe in good faith that they are necessary to protect Crowdwindow Ltd, the Crowdwindow Online Auction Marketplace, other Users, or to prevent illegal activities or fraud, then we may take the following measures:

  • Temporarily or permanently limit your ability to sell, bid or buy with Auctions or Fixed Price Listings.
  • Temporarily or permanently revoke your ability to sell, bid or buy with Auctions or Fixed Price Listings.
  • Temporarily or permanently revoke any special status associated with your User Account.
  • Temporarily or permanently limit your access to your User Account.
  • Withhold or refuse payment for sales or refunds to you if you have not provided accurate information when registering your User Account.

If a Buyer pays via credit card and due to your failure to comply with your obligations under the Terms of Use, Seller Terms and Contract of Sale, files a successful chargeback, we are allowed to (a) block your User Account, (b) set-off any claims we have towards you, (c) block any future payments to you, (d) initiate legal proceedings against you.

If your User Account is closed, deleted or access to it is suspended and you still have certain obligations towards other Users under any Contracts of Sale, we are entitled to cancel the open transactions and dissolve the Contract of Sale on behalf of the Buyer. If there are outstanding payments due to you, you will, at our sole discretion, receive the relevant amount less the amounts due by you in accordance with the Terms of Use and Seller Terms.

We are also allowed to impose a financial penalty of £1,000 (one thousand British Pounds) for a single violation of the Terms of Use and/or Seller Terms, without prejudice to our right to recover the actual damages. For every subsequent violation of the Terms of Use and/or Seller Terms the penalty will be increased by 10%. We will set-off this penalty in accordance with the Terms of Use, if possible.  

 

11: The Crowdwindow Online Auction Marketplace Internal Communication System

You should make use of the Crowdwindow Online Auction Marketplace internal messaging/communication system to communicate directly with Buyers who may have questions about your Listing and/or Seller Item/s and to arrange delivery or collection of your Seller Item/s. You must not use the internal messaging/communication system for any of the following activities:

  • Making any sales agreement directly with a User without the mediation of Crowdwindow Ltd, with the intention or aim to avoid paying commission.
  • Sending spam, unsolicited advertising or promotions or requests for donations.
  • Sending links to other commercial websites or services.
  • Harassment of other Users. 

 

12: Disputes with other Users

You agree and accept that you are obliged to try all means possible to resolve and dispute between yourself and any other User of the Crowdwindow Online Auction Marketplace between yourselves.

In exceptional circumstances on and on written request to us, we will make reasonable efforts to mediate between Users, however any such decision by us has no effect on the validity of any Contract of Sale. We cannot be held liable to pay any damages or other compensation to any Users if they don’t agree with our decision. 

If Users make the decision between each other to dissolve the Contract of Sale without our mediation, then the Users forfeit the right to receive a refund of the relevant Seller Commissions.

All Contracts of Sale between Sellers and Buyers on the Crowdwindow Online Auction Marketplace are governed by English law, however you acknowledge that international private law may result in laws other than English law being applicable to the Contract of Sale entered into by Users.  

 

13: Your User Material

You agree and accept that we may decide, at our sole discretion to audit the quality of Listings and if we have reason to believe or suspect that your Listing does not meet our quality standards or comply with the Terms of Use and/or Seller terms, we can (a) directly or indirectly purchase any of your Sellers Item/s or (b) visit your offline premises to inspect your Sellers Item/s in person. Based on such an audit, we may take appropriate measures, including cancelling the transaction, if your Listing or Sellers Item/s does not meet our quality standards. 

You agree and accept that when you upload or post any User Material onto the Crowdwindow Online Auction Marketplace, that you are granting us a free, uncumbered, global, non-exclusive, irrevocable licence to use, reproduce and communicate your User Material publicly for any purposes, in any format and through any channel. This Licence does not end when your User Account is closed and/or deleted or you decide to stop using the Crowdwindow Online Auction Marketplace. 

We reserve the right to translate any Listing into any language and adjust the description in the Listing if after translation it has a demonstrable negative affect, or to remove the Listing if there is no suitable translation possible.

 

 

IMPORTANT INFORMATION

 

If you intend to be a Seller or Buyer on the Crowdwindow Online Auction Marketplace, we encourage you to first read through our Information Pages:

Overview,  Creating Your Listing,  How to Bid and Buy,  Prohibited Items,  Supported Countries and Payment Methods,  Terms and Conditions,  Seller Terms,  Buyer Terms,  Privacy Policy and Cookies Policy.

 

 

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