Valet Program Overview
The valet program (the "Program") is a new program that can help you earn money by having your no longer needed items (each an "Item" and collectively, "Items") sold on eBay.com. Authorized eBay third party processors (each referred to in this Agreement as a "valet") will assist in obtaining your Items by providing you a shipping label to send your Items in. Alternatively, you can drop off your Items at designated retailers in certain areas. A valet will then list and attempt to sell your Items on eBay.com on a consignment basis.
Third Party Services
THE AGREEMENT MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS. EXCEPT AS STATED BELOW, THE AMENDED TERMS WILL AUTOMATICALLY BE EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.
THERE IS NO GUARANTEE THAT YOUR ITEM WILL BE LISTED OR THAT YOUR ITEM WILL SELL.
Your Representations and Warranties
You, (the "Consignor") represent and warrant that you: (A) are age eighteen (18) or older; (B) are the lawful owner of each Item you are consigning and have all the necessary right, title, and authorization to consign such Item and permit the valet to offer, sell, and deliver the Item to any third party; and (C) your Items are not counterfeit and do not infringe the proprietary rights, including, without limitation, copyrights, patents, domain names, trademark rights or any other intellectual property rights, of any third party. If you breach any of the above representations and warranties, you may be ineligible to participate in the Program or use eBay in the future. In addition, valets are under an obligation to share information regarding such potential or actual breach with eBay, in which case eBay may restrict or suspend your selling activity on the eBay website. In addition, eBay may restrict or suspend your selling activity on the eBay website and suspend or remove a listing, if an item is reported by a third party as infringing the proprietary or intellectual property rights of such third party.
Items Eligible for the Program
Items eligible for the Program include electronics, sporting goods, collectibles, gently used brand name handbags, shoes and more. See the list of Items that sell well. Valets will NOT accept anything weighing over 25 pounds, any items that are prohibited from sale on eBay, as well as the excluded items listed here.
For a list of eBay's prohibited items, see: http://pages.ebay.com/help/policies/items-ov.html#prohibited, and for eBay's rules about intellectual property, see http://pages.ebay.com/help/policies/intellectual-property-ov.html
Valets will NOT accept more than three of the same Item. Valets reserve the right to reject any of your Items, including your eligible Items, if they believe that the Item will not successfully sell on eBay.com.
Liability for Loss or Damage
Items will be insured by a valet during transport and storage at the valet's facility while the Item is in valet's possession. You will be reimbursed for any Item that is lost, damaged or stolen while in the valet's possession. While items are stored at a retail drop-off center, the retailer is responsible for any loss or damage of your Items.
The valet's or retailer's aggregate liability to you or any third party in any circumstance for each Item is limited to the price at which the Item sold on eBay.com and if not sold, the average selling price for virtually the same item (with the same features and in the same condition) on eBay.com over the 90 days prior to the determination.
The valet shall not be responsible for any loss or damage to Items resulting from the following:
- Caused by or resulting from inherent vice, wear and tear, rust, corrosion, decay, deterioration, hidden or latent defect;
- Caused by or resulting from fungus or mold (unless such fungus or mold is in the valet's property)
- Caused by or resulting from the seizure or destruction of property by order of governmental authority
- Caused by or resulting from war, military action, rebellion or revolution.
- Mechanical or electrical derangement of Items unless evidenced by external damage to such Items.
It is your responsibility to package the Items you mail in properly. Once the package is scanned into the shipping carrier's system, your Items are covered up to $300 through the shipping carrier's standard claims procedure. You may be able to purchase additional insurance from the shipping carrier. If there is no scan showing the shipping carrier received the package, then the valet and the shipping carrier are not liable for any lost, damaged or stolen boxes. The valet only accepts responsibility for the Items it receives. If you believe your item was lost, damaged or stolen then please contact the Program at 855-873-3229.
What determines How Much Your Items Sell For
Items will be listed on eBay.com, where they will be exposed to eBay's global buyer base. The valet will determine, in its sole discretion, whether your Item will be most likely to sell successfully via auction-style or fixed price format. If the Item is listed in auction-style format, the price it sells for will be determined by the market. If the Item is listed via fixed price, the price will be determined based on the asking price set by the valet. The valet will use its expertise and other comparable items on eBay.com to set the asking price for a fixed price listing.
What happens if Your Items Sell
If your Items sell, the valet will send a payment to you via PayPal for between 60% and 80% of the sale proceeds (excludes tax and shipping) of your sold Items, depending on the final sale price of each Item, no later than 2 business days after each item is sold and paid for by the buyer. You need a PayPal account to access the sent payment. The valet will deposit any payments via PayPal using the email address you have provided. If you don't have a PayPal account, you will receive an email that tells you how to set-up a PayPal account to access your money. PayPal is the only payment method available in this Program.
The valet will be responsible for shipping your Items to the buyer. If the buyer returns an Item, that Item will be the property of the valet and the valet will decide what to do with the Item. You will generally not be asked to return any payment in case of the return of an Item by a buyer, except in cases of your breach of the representations and warranties above (including, without limitation, if your Item was counterfeit, stolen or non-functional).
Prohibition on Shill Bidding
Shill bidding is prohibited for your items listed through the Program. For more information on shill bidding, see our policy page here: http://pages.ebay.com/help/policies/seller-shill-bidding.html
What happens if Your Item(s) Don't Sell/Are Not Sellable
The valet will use its expertise to decide in its sole discretion whether an Item will successfully sell on eBay.com. Some Items may not be sold on eBay.com for various reasons including, but not limited to, instances where there are questions about the safety, authenticity, or the legality of selling such Items online. If the valet determines that an Item is not sellable or if the Item doesn't sell after being listed on eBay.com, you will be notified. Ineligible items and unsold items will be mailed back to you.
If a valet determines in their sole discretion that an Item poses a significant trust and safety risk, such as an illegal item or a counterfeit, the valet has an obligation to properly dispose of the Item, in which case the Item cannot be returned to you. You release the valet from any liability surrounding this determination.
Fees for the Program
At this time, the only costs to you are the 20-40% fee charged by the valet for listing and selling your items. As noted above, you will receive 60-80% of the proceeds from the sale of your Items depending on the final sale price of each Item. The fees for the Program may change from time to time and will be published as part of these terms.
The valet will collect your name, address, phone number, email address and PayPal email address ("your personal information") for participation in the Program. Your personal information will be used only to provide you the Services and any additional services you request. The valet may share your personal information with eBay Inc. in order for them to measure and improve the Program and their related services and for trust and safety purposes. The valet may also share your personal information with service providers who help with its business operations.
The valet does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. The valet may combine your information with information collected from other companies and use it to improve and personalize services and advertising.
This Agreement in no way constitutes or gives rise to an agency, partnership, joint venture or other relationship between the parties. The valet and you each will operate under the terms of this Agreement as an independent contractor and not as an agent for the other. A valet is the consignee and you are the consignor with respect to your Items. Also, the valet offers the Services independent of eBay.
Without limiting other remedies, the valets may immediately terminate the Services, and refuse to provide future Services to you if: (A) you breach this Agreement, (B) a valet believes that your actions may cause financial loss or legal liability to you, the valet, eBay or any of their affiliates or customers, or (D) a valet suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Item(s).
You agree to indemnify and hold the valets and their respective officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due, connected to, or arising out of your breach of this Agreement, or your violation of any law or the rights of any third party.
The valets provide their Services "as is" and "as available" and without any warranty, condition or representation as to the Services, of any kind, express, implied or statutory. The valets specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. In addition, to the extent permitted by applicable law, valets are not liable, and you agree not to hold valets responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, consequential, or punitive damages) resulting directly or indirectly from the Services or your use of the Program.
Some states do not allow the disclaimer of implied warranties or exclusion of damages, so the foregoing disclaimer may not apply to you in such states. You may also have other legal rights that vary from state to state.
Regardless of the previous paragraphs, if valets are found to be liable, such liability to you or to any third party is limited to the greater of (a) value of the Items you attempted to consign (if not sold on eBay.com, based on average selling price of comparable items sold on eBay.com in the previous 90 days) and (b) $500.
The current list of authorized third party processors or valets that are participating in the Program and providing Services under this Agreement include:
- ModusLink PTS, 2000 Midway Lane, Smyrna, TN 37167.
- Eastvale Store LLC is located at 4560 Hamner Avenue, Eastvale, CA 91752.
eBay does not provide any Services under this Agreement.
This Agreement will be governed in all respects by the laws of the United States of America and the State of Delaware and that both parties waive any rights to a trial by jury. All notices or requests pertaining to this Agreement will be in writing and will be sent by email, facsimile or recognized commercial overnight courier. Notices will be deemed received upon receipt of written continuation of transmission when sent by facsimile or signing for receipt of delivery if sent by overnight courier. Notices will be sent to you at the addresses provided. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof.
Last updated: October 2015