Terms and Conditions

These terms and conditions form the complete agreement under which you (as a seller of items) will do business with us, Bidebay. 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 this matter. We may at any time update these terms and conditions by publishing new terms and conditions on our website at www.bidebay.co.uk 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.

1. Collection and Bailment of Items

We will act as bailee for your items from the time of delivery to our premises 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 from the courier upon request.

2. 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, our website www.bidebay.co.uk 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 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. You will agree a starting price (or Buy it now final price) and you agree that if there is only 1 bid on your item it may be sold for the starting price. 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 consent to allow us to set a standard postage fee, and for us to receive all postage fees from the buyer. We shall provide a postage service, and will incur all postage and packaging costs.

In order to display the items in the shop to their best advantage and to photograph them for sale, they will be removed from all packaging for the duration of their time at Bidebay. We will make every effort to return your packaging to you in the event of an item not selling, but cannot guarantee this, due to sheer quantity of items we handle. If your packaging is valuable to you or the item, please indicate this when booking the item in with us.

3. Our fees

Collection charges (where applicable) 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 are a commission of 50% of the final sales price paid to Bidebay, with the balance (50%) to be paid to the seller. Settlement of your account will be due on the 15th day of the month following the month in which it was paid for in full by the buyer. All listing and paypal fees are met by Bidebay. All postage and packing fees are met by Bidebay, and 100% of all postage fees paid by the buyer, are due to Bidebay. Your payment of 50% of the final sales price is paid by cash, cheque or direct into your bank account by BACS.

4. Disclosure of other charges and potential profits

When authorising us to act as your agent for the fees above, you agree to the following 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 a 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 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) eBay and other providers may offer us discounts, occasional offers, incentives or other benefits which are not factored in to the commission and from which we may profit owing to reduced costs.

5. Your obligations

When engaging us to act as your selling agent, you warrant that you own all items and that you are not prevented 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 will 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 of £10 per item.

6. Disposal of unsaleable items

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. We will give you 14 days' 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.

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 50% of the selling price of your items, or 50% of the 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.

Terms and conditions updated 31st July 2019