Valet Service Terms and Conditions

Fishpond (“Fishpond”, “We”, “Us”, “Our”) wishes to make a service available to its customers (“You”, “Your”) whereby You can quickly and easily sell Your unwanted items on ebay.com.au (“eBay”). The service will enable You to register for Us to collect and sell Your unwanted items on eBay on Your behalf and pay You a proportion of the profits if Your item sells (“Valet Service”).  

These Valet Service Terms and Conditions (“Terms”), together with Our Privacy Policy, set out the terms that apply to You and Us when using the Valet Service. Please read these Terms carefully and pay particular attention to the Terms in bold font. By using the Valet Service, You will be deemed to have accepted these Terms. If You do not accept any of these Terms, please do not use the Valet Service.

1 DEFINITIONS

1.1 The following definitions will apply to these Terms

(a) "Consignment": each of the boxes of items that You arrange to have collected by courier or send to Us using a pre-paid Australia Post label in one collection / postage shall together be the Consignment. There is a limit of two (2) boxes per Consignment; further consignments can be organised once all of your stock has sold.

(b) "Sold": means the point at which an eBay user has agreed to buy an item on eBay at the fixed price and has paid the full purchase price for the item; and

(c) "Working Day": means a day other than a Saturday or Sunday or a public holiday in New South Wales or New Zealand;

2 CRITERIA FOR USE OF THE VALET SERVICE

2.1 You will need to register an account on  fishpond.com.au/ebay-valet/book/ (“Fishpond Website”) to make use of the Valet Service. Please follow the instructions on the website. To register You will need to provide certain personal information (such as Your name, address and payment details). This information is required for Us to provide the Valet Service to You.

2.2 We are unable to accept and sell the following items:

(a) items that do not have a barcode;

(b) clothes, shoes, blankets or fabric materials;

(c) items that are in a poor condition (for example, items which are torn, stained, broken, smelly, not working or missing accessories);

(d) items that cannot be collected by our courier or which cannot be sent by Australia Post (see guidelines). This includes items which contain batteries or dangerous goods as outlined in the link above;

(e) items that cannot be sold on eBay under eBay’s User Agreement and policies (which can be found here). This includes items such as out of date magazines, VHS Videos and Cassettes;

(f) items that require a licence or code (such as software and some computer games); and

(g) bulky items that are heavier than 20kg or larger than 45x61x39cm, each an “Excluded Items”.

2.3 Only items that are not Excluded Items (see section 2.2) can be sold through the Valet Service. Please do not send any Excluded Items to Us.

2.4 You may send Us a maximum of two (2) boxes of items per Fishpond account.

3 HOW THE SERVICE WORKS

3.1 To sell items through the Valet Service You must request a courier collection of your unwanted items or drop your items at Australia Post with a prepaid postage label printed from the Fishpond website. Please pay attention to the size and weight restrictions that apply to the collection of your items, which are stated on the Fishpond Website. We will be unable to collect any items that exceed these size and weight limits. Please also think very carefully about the items You wish to sell through the Valet Service. Should you wish to get the items returned, You will need to contact Us and cover the return shipping costs.

3.2 We will:

(a) collect Your unwanted items on the date you have selected through the Fishpond website (where You have opted for a courier collection);

(b) inspect all items received from You to determine whether the items are suitable for listing on eBay. If We deem that the items You have provided are suitable for listing on eBay, these items will be classed as “Eligible Items”. We will make the final decision on whether Your items are Eligible Items, taking into account factors including, but not limited to, condition, age and likelihood of sale. We will not sell any items that We deem or suspect to be counterfeit goods or which are Excluded Items;

(c) use Our best efforts to list all Eligible Items on eBay within three (3) Working Days of receiving such Eligible Items. Due to the volume of items We receive, there may be times when this is not possible but We will always list Eligible Items within five (5) Working Days of receipt. For each Eligible Item, We will determine:

(i) the starting price of any listing; and

(ii) the duration of the listing (“Listing Period”).

In doing so We will use a computer algorithm and Our market knowledge to optimise the sale price of the Eligible Item. Our decision on the price and Listing Period will be final and You will have no input into this;

(d) fulfil the sale (including packaging and shipping the Eligible Item) to the successful buyer; and

(e) pay You a proportion of the final sale price on any Eligible Items that are Sold in accordance with the terms set out at section 5 (Payment Terms)

3.3 If We determine that any of Your items are not eligible for sale, You can either recover Your items (at Your cost) or We will donate them to charity. You will be responsible for paying the return postage costs if you choose to recover any items.

4 UNSUCCESSFUL SALES

4.1 Our algorithm will determine:

(a) whether the price of an Eligible Item should be reduced;

(b) whether We should re-list any Eligible Items that do not sell within the first Listing Period; and

(c) when an Eligible Item should no longer be on sale (“Unsuccessful Item”).

The algorithm will take into account factors including, but not limited to, market conditions, demand for the type of item concerned and the sale price of similar items.

4.2 We will notify You if any of Your items are Unsuccessful Items. We will give You the choice of either having Your Unsuccessful Items returned to You (at Your cost) or donating the Unsuccessful Items to charity on Your behalf.

4.3 If an Eligible Item is Sold and subsequently returned, Fishpond will not seek any reimbursement from You.

5 PAYMENT TERMS

5.1 When an Eligible Item that You have provided to Fishpond has Sold (please see the definition above), Fishpond will:

(a) deduct the cost of sending the item to the buyer (“Outbound Shipping Cost”). This cost will be determined by the size and weight of the item concerned and is built into the sale price of the item;

(b) deduct the cost of collecting Your items from You. The cost of courier collection is $24.95 per box of items and the cost of a pre-paid postage label for Australia Post is $9.95 per box of items (“Inbound Shipping Cost”). We reserve the right to change the Inbound Shipping Cost from time to time but We will always notify You in advance if We do this;

(c) take a twenty-two per cent (22%) commission. Our commission is calculated as 22% of the sale price after deducting the Outbound Shipping Cost and the Inbound Shipping Cost (as set out in 5.1(a) and (b) above); and

(d) pay You the remainder of the sale price (“Profit Share Value”). Fishpond will pay You the Profit Share Value as full and final payment for the Eligible Item.

5.2 We will not be liable to pay You a Profit Share Value on your Consignment until the sale price of the item/s exceeds the cost of the Inbound Shipping Costs.

By way of an example:

If you arrange for a Consignment of two boxes of items to be collected by a courier, the total Inbound Shipping Cost will be $49.90 at the current rates ($24.95 per box). If each box contains five items, each of which has a sale price of $20 and costs $5 in Outbound Shipping Costs, no Profit Share Value will be due to You until the fifth item has Sold.

5.3 Please be aware that Fishpond will not be liable to pay You a Profit Share Value on any Eligible Item where the buyer exercises its right to withdraw from the sale prior to payment being made. In this scenario, Our algorithm will determine whether We should re-list the item or whether the item is an Unsuccessful Item.

5.4 We will pay the Profit Share Value to You within three (3) days of Fishpond receiving payment from the buyer of the Eligible Item. Payment will be made into the bank account or PayPal account that You have nominated at the point of registration for an account on the Fishpond Website (or as updated using Your account on the Fishpond Website from time to time). Please ensure that Your payment details are inputted correctly. Fishpond shall not be liable if payment is made to the wrong account as a result of incorrect payment details being provided.

5.5 We will not pay You for any items that are Excluded Items or which We deem to be unsuitable for sale or that our algorithm has determined are Unsuccessful Items.

6 YOUR OBLIGATIONS

6.1 You must provide Us with accurate and up to date information when registering for an account for the Valet Service. All information should be regularly updated (where necessary).

6.2 You must only provide items to Us to be sold through the Valet Service that:

(a) You have the right to sell (i.e. no other person has any ownership of the item);

(b) are genuine items. Any items that Fishpond deems to be counterfeit will be destroyed or disposed of as Fishpond deem fit, without any liability to You; and

(c) which are not Excluded Items.

7 YOUR DATA

7.1 We will only use Your personal information in accordance with the terms of Our Privacy Policy (which you can find here).

8 IF THE VALET SERVICE ENDS

8.1 We reserve the right to stop the Valet Service at any time and We will let You know if We decide to do this. If this happens, We will continue to provide the Valet Service in respect of all items that You have already sent to Us and these Terms will continue to apply.

9 LEGAL & LIABILITY

9.1 Fishpond will not be liable for any delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control (such as acts of God, war, terrorist acts, riots and unusually severe weather conditions). In such circumstances, We will explain the delay to You (wherever possible) and We will endeavour to perform Our obligations within a reasonable time of the force majeure event. We will let You know if We are unable to perform the services after two (2) months and We will give you the option of having Your items returned (at Your cost) or donated to charity.

9.2 Where any consumer legislation or other mandatory legislation that cannot be excluded applies to these Terms, these Terms should be read subject to the application of the consumer legislation, and in the event of conflict between these Terms and the applicable legislation, the provisions of that legislation shall apply.

9.3 Any feedback left on eBay about an Eligible Item shall be feedback for Fishpond and You will have no right or interest in this feedback.

9.4 This Agreement in no way constitutes or gives rise to an agency, partnership, joint venture or other relationship between You and Us. We and You will each operate under these Terms as independent contractors and not as agents for each other. We are the consignee and You are the consignor with respect to Your items.

9.5 So far as permitted by law, You have no rights against eBay in relation to the Valet Service and eBay shall not be liable to You in any way in respect of the Valet Service. eBay is the marketplace in which We choose to sell Eligible Items for the Valet Service only. eBay does not provide, or assist in the provision of the Valet Service.

9.6 We reserve the right to refuse to provide the Vale Service to You if you breach any of these Terms.

10 COMPLAINTS

10.1 If You have any complaints regarding the Valet Service, please log into Your Fishpond account and contact us through Your account.

Last updated: November 2016