Seller Terms

These Seller User Terms (these “Seller Terms”) govern your access to and use of our Services as a Seller. The Services can be accessed through https://www.resalemarketplace.com. These Seller Terms shall be incorporated into the Terms & Conditions for Resale Marketplace, and are collectively referred to herein as the “Terms & Conditions.” All terms used (including capitalized terms) and not defined herein shall have the meanings ascribed to them in the Terms of Use for Resale Marketplace.

1. Seller Registration and Account Approval. Your account must be registered with and approved by us, in our sole discretion, before you can use our Services as a Seller.
   
   
2. Listed Item(s) and Auctions. You acknowledge and agree to the following:
   
   
1. We provide a marketplace platform, but we provide no selling or auctioneering services, and we are not acting as your employee, agent, representative, marketing agency, or marketing agent.
   
   
2. You conduct the sale or auction and make the sole and final determination with respect to the sale of Listed Item(s);
   
   
3. You are solely responsible for any Listed Item(s) that you place for sales using our Services;
   
   
4. You agree to fully, completely, and accurately disclose all information relating to your Listed Item(s), including, but not limited to, brand or other indication of origin or manufacture, or certification, or information and condition and you shall be responsible for any such inaccuracies, errors, or omissions;
   
   
5. You will not list any Listed Item(s) through our Services that are illegal to use, possess, auction or sell under any applicable state or federal law, rule, or regulation;
   
   
6. Listed Item(s) will not contain links to or a description of other items that you may have for sale outside of our Services;
   
   
7. Listed Item(s) must be actual items and not mere examples of items. Only one Listed Item (with multiple quantities, if applicable) can appear on each listing;
   
   
8. For an auction you will make the Listed Item(s) available to the highest bidder in accordance with the Terms and any User Posted Terms (as defined below) that you may include with your Listed Item as set forth in Section 4 below; and
   
   
9. We reserve the right, in our sole discretion, to: (i) refuse to allow any item to be listed, at any time and for any reason; (ii) withdraw any Listed Item(s) from our Services; (iii) review and verify a Listed Item’s information and description; (iv) amend the information in a Listed Item; or (v) cancel any proposed bid for Listed Item(s) that we deem to be suspicious or fraudulent and report such bid to applicable authorities.
3. Seller Confirmation of Listed Item(s). You are responsible for reviewing the categorization and description of your Listed Item(s) to ensure the items are categorized and described accurately. While we do our best to assist Sellers with posting correct information, you are responsible for reviewing and ensuring that any content displayed on our Services appears as you intended. We take no responsibility for Listed Item(s) that are mis-listed or mis-categorized.
   
   
4. User Posted Terms. You may post additional terms and conditions of sale for your Listed Item(s) (“User Posted Terms”). User Posted Terms are between you and a Buyer/Bidder and are separate from these Seller Terms. You are solely responsible for creating, reviewing, and understanding any User Posted Terms prior to placing such terms with your Listed Item(s). We do not prepare, review, negotiate, or enforce any User Posted Terms. We do not represent or guarantee that any User Posted Terms will be enforceable against a Bidder.
   
   
5. Listed Item(s) Usage. You represent that once a Listed Item is placed for auction using our Services, it will not, unless otherwise expressly disclosed within the listing, be operated, leased, rented, modified, or altered until completion of the auction, and if sold to a Bidder, until the Listed Item(s) is removed from its location by or on behalf of the Bidder.
   
   
6. Encumbrances, Easements, and Environmental Conditions and Hazards. You are solely responsible for making full disclosure to Bidders of any and all encumbrances, rights and third-party interests that may exist on or pertain to Listed Item(s). You will, at your own expense, warrant and defend title to Listed Item(s) on behalf of the Bidder, its successors and assigns, against the claims and demands of all persons. If required, you shall be responsible for the payment of any independent appraisals and documentation fees required to release such Encumbrances and third party interests and for remediating such environmental conditions and hazards.
   
   
7. Buyback and Price Manipulation. You shall not bid or make an offer, directly or indirectly, nor allow any other person to bid or make an offer on your behalf, by agency or otherwise, on your Listed Item(s) or any part of your auctions. In the event of price manipulation or a buyback, we may, in our sole discretion, ban you from future use of our Services.
   
   
8. Our Fees. Our listings and selling services are free (no listing fees or final selling fees). For an additional fee, you may purchase additional listing upgrades. All listing upgrade fees paid to us are non-refundable.
   
   
9. Hyperlinks. We reserve the right to refuse hypertext links to, or addresses of, other websites and to remove hypertext links or web addresses without notice at our sole discretion.
   
   
10. Exclusivity. To the extent you are only auctioning a Listed Item online, our Services shall be the exclusive listing for that Listed Item and you shall not offer for sale or sell the Listed Item in any other manner until the earlier of (a) the date the Listed Item is auctioned through our Services; (b) the date you withdraw the Listed Item from our Services as permitted herein; or (c) the date on which the auction with the Listed Item expires.
    
    
11. Search Results. We cannot guarantee that your Listed Item(s) will appear in any specific order in search results on our Sites and Services. Search order results will fluctuate based on the search options used, including but not limited to, price and auction end time.
    
    
12. Representations and Warranties.
    
              You represent and warrant that any Listed Item(s) placed by you:
    
    
1. are owned by you, or you have the legal right and authority to sell such Listed Item(s) on behalf of the legal owner;
2. are free and clear of any and all registered and unregistered liens, security interests, tax or duty obligations or other encumbrances or contrary claims whatsoever, except as expressly disclosed by you within the applicable listing (the “Encumbrances”);
3. are in good condition, free of material defects unless detailed in listing;
4. have not been modified or tampered with in any manner that would be contrary to applicable legislation or misleading to a Bidder;
5. have not been fraudulently obtained, and are not stolen or counterfeit;
6. only include descriptions, pictures, and videos that are accurate;
7. include any and all legally required disclosures that may be applicable to the auction and/or sale of the Listed Item(s) to a Bidder.
   
   You further represent and warrant that:
1. you are solvent and have not made, nor are you aware of, any assignment, proposal or other proceeding for the benefit of your creditors;
2. the offering for sale, advertising and sale of the Listed Item(s) will not contravene or infringe upon any patent, copyright, trademark, agreement, title, interest, or easement or similar right of any third party;
3. you are duly authorized to complete and provide all listing information for Listed Item(s);
4. any User Posted Terms for your Listed Item(s) are legal and do not violate any applicable laws, rules, regulations; and
5. to the extent applicable, as it pertains to your use of https://www.resalemarketplace.com as a Seller, you are an authorized dealer and/or auctioneer and have and shall maintain all applicable and necessary licenses, permits, permissions, and authorizations to place Listed Item(s) for sale and conduct auctions using our Services.
13. No Guarantee to Proceeds. We do not guarantee that Bidders will bid on Listed Item(s), that you will be able to sell Listed Item(s) using our Services, or that you will be able to collect the purchase price from a Bidder who has a winning bid for Listed Item(s).
    
    
14. Purchase and Sale of Listed Item(s). The actual purchase and sale of Listed Item(s) following an auction is and shall remain the sole responsibility of the Seller who placed the Listed Item(s) for auction and the Bidder who had the winning bid. If you are the Seller, you must coordinate the purchase and sale of the Listed Item(s) directly with the Bidder who is the winning bidder for the Listed Item(s). You assume all risk and liability associated with any agreement(s) you enter into with the Bidder. We are not a party to, and do not facilitate, the purchase and sale of any Listed Item(s).
    
    We are not in the business of selling or buying of any Listed Item(s) on a commission basis. We do not take any Listed Item(s) on consignment. All transactions and the terms of any agreements that may occur between the Seller who placed the Listed Item(s) for auction and the Bidder who had the winning bid are determined solely through interaction and agreement between the Seller who placed the Listed Item(s) for auction and the Bidder who had the winning bid. We are not acting as an employee, agent, representative, broker, dealer, marketing agency, or marketing agent of the Seller who places the Listed Item(s) for auction or the Bidder who is the winning bidder of the Listed Item(s) or for any user of our Site or Services. We do not produce, handle, hold, ship, process, distribute, transport, deliver, or take possession of any Listed Item(s) at any time. We do not collect, handle or remit any money, payments, checkoff fees, receivables or proceeds from any transaction that may occur between the Seller. We are not bonded for the protection of the Seller who placed the Listed Item(s) for auction or for the protection of the Bidder who had the winning bid or for the protection of any user of our Site or Services.

15. Additional Seller Indemnity. In addition to the indemnification provisions set forth in the Terms of Use For Resale Marketplace, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all damages, costs, claims or liability (including reasonable attorneys’ fees) arising out of or resulting from (i) any breach of your representations, warranties or covenants set out in these Seller Terms; and (ii) your User Posted Terms.