This Seller’s Agreement is agreed to by a seller (“Seller” or “You”) of one or more items of property (“Property”) through www.previouslyownedbyagayman.com (the “Site”) owned and operated by Previously Owned by a Gay Man, LLC (the “Company” or “us”).
General. Seller makes the Property available to the Company for sale through the Site. Seller represents and warrants that it has good and marketing title to the Property, the Property is as advertised by Seller and that there are no restrictions on its ability to sell the Property through the Site. Seller further represents and warrants that the Property does not infringe upon or violate any trademark, copyright, or other proprietary right of any third party, any state or federal law, or any administrative regulation. Seller hereby agrees to indemnify and hold the Company harmless from all damages, suits, litigation, awards, and costs, including but not limited to attorneys’ fees and costs, as a result of or arising out of in any way the Company’s display or sale of the Property for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation.
Property Descriptions. Seller must accurately describe the condition of the Property listed. Photographs must accurately portray the condition of the Property. All flaws or signs of wear must be photographed and disclosed. Seller must review the description of the Property once posted for sale on the Site. Seller must check to make sure that the listing accurately describes the price, quantity, condition and description of the Property. Seller is obligated to contact the Company immediately if the listing is inaccurate.
Sales and Price. Subject to Seller’s performance of its obligations under this Agreement, the Company will display on its site and make commercially reasonable efforts to sell the Property. Seller acknowledges and agrees that:
(a) Seller in its sole discretion will determine the initial selling price for the Property, based on its evaluation of the Property together with its determination of the current market price for each specific item of Property.
(b) In order to market and promote the sale of the Property, the Company may discount the sales price for the Property as follows: 10% after 30 days from initial posting of the Property on the Site and an additional 10% after 60 days from initial posting of the Property on the Site.
Listing. Seller agrees to list the Property for at least 90 days. If Seller wishes to remove the Property for sale from the Site, Seller must contact us immediately. If flaws or damage to the Property are not disclosed in the listing or if the condition of the Property is in any way inaccurate, a buyer of the Property (“Buyer”) may return the Property to Seller. Seller will bear the cost of all outbound and return packaging and shipping. In the case of undisclosed damage, Seller could be responsible for the cost of cleaning and/or repair.
For Property that can be sent via UPS: Seller must box and ship the Property via UPS using the UPS label that we provide. Seller is responsible the expense of properly packaging the Property to ensure that it arrives safely at its new home. Seller will not receive payment for Property sold until the Property is safely received by Buyer. Seller agrees that the item will be delivered via UPS to Buyer in the same condition that the item is listed for sale on our website.
For items that require White Glove Delivery: Seller must make the Property available for pick-up by our White Glove delivery service. Seller agrees that upon sale, the Property will be presented to our White Glove delivery service in the same condition that the item is listed for sale on our website. Seller will not receive payment for Property sold until the Property is safely received by Buyer.
For items that are available for Local Pick-up: Upon sale of the Property, we will send Seller the contact information for the Buyer of the item. Seller must contact Buyer within 48 hours to arrange for pick-up by Buyer. Seller will not receive payment for Property sold until the Property is safely received by Buyer. If a Buyer choses to initiate a return, the Buyer must refuse the Property at the time of delivery. If flaws or damage to the Property are not disclosed in the listing or if the condition of the Property is in any way inaccurate, a Buyer may refuse the item at pick-up.
Regardless of the form of shipment, whether White Glove delivery service (operated by a third party company) or if private arrangements are made by Seller, the Company shall not be liable for acts or omissions of any shipping company, any other services related to shipping Products to Buyer or any damage to Products.
Payment. When the item has safely reached its new home via White Glove delivery or UPS, the Buyer will have 48 hours to decide whether they would like to initiate a return. After 48 hours, we will begin processing your payment. In the case of Local Pick-up, the Buyer must accept or refuse the item upon delivery to initiate a return. We issue payment twice a month. When the Property sells, you will earn 80% of the sale price unless you contact us to take advantage of any of our enhanced options.
Disclaimers. The Company does not make any representation or warranty either express or implied about any item of Property, except to the extent a warranty is required by law and cannot be disclaimed. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, RELATING TO ITS SERVICES OR ACTIVITIES HEREUNDER. IN NO EVENT WILL THE COMPANY’S LIABILITY HEREUNDER EXCEED THE AMOUNT IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING SELLER’S PROPERTY HEREUNDER. THE FOREGOING DISCLAIMER AND LIMITATION IS A FUNDAMENTAL PART OF THE BASIS OF THE COMPANY’S BUSINESS, AND THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMER AND LIMITATION.
General. This Agreement, or the breach thereof, and all claims relating to or arising out of this Agreement, whether in contract, tort or otherwise, shall be governed by the laws of California, without regard to its conflicts of laws principles. The parties hereby irrevocably consent to the jurisdiction of a federal or state court located in the County of San Francisco, California with respect to any matter arising under this Agreement. The Company may update or change any of the terms and conditions of this Agreement at any time and in its sole discretion by notifying Seller at the email address or physical address Seller has provided in this Agreement. Seller hereby agrees that all agreements, notices, disclosures, and other communications that the Company provides electronically satisfy any legal requirement that such communications be in writing. Seller shall be bound by all revised terms. If Seller does not agree to any revised terms of this Agreement, including any change to pricing or commissions, Seller’s sole recourse is to terminate this Agreement in writing to the Company. Notwithstanding the foregoing, any revised terms shall not apply retroactively to sales made prior to the effective date of the revised terms.