Seller Agreement
Recitals
- MySouSou is engaged in the marketing and sale of pre owned goods acting as agents for the Sellers. MySouSou will appraise goods to be sold and sell at a commission on behalf of the Sellers at the appraised price. The actual contract for sale is made between the Seller and the purchaser. MySouSou acts as an intermediary. All items are sold as is and where is and without any warranty.
- The Seller owns and control and has the right to sell items registered for sale with MySouSou and described and itemized on MySouSou’s website.
- The Seller desires that the item be sold on consignment by MySouSou, and MySouSou wishes to sell said item on behalf of the Seller. The Seller therefore transfers possession but not ownership of the Property to MySouSou, subject to these Consignment Terms (‘the Agreement’).
- This Agreement sets out the Terms and Conditions on which MySouSou offers you access to and use of our services. By contracting our services you accept and agree to be bound by the following terms and conditions. These terms and conditions are governed by the Laws of Trinidad and Tobago.
- The services of MySouSou are offered for informational purposes only and accepts no liability for accuracy, usefulness or availability of information transmitted or made available by us and as such accepts no liability for any errors or omissions in the transmission of said information.
Definitions
- “Sale” means the receipt of the selling price and delivery of items to the purchaser
- “Seller” means the owners of items who have registered with MySouSou
- “Offer for sale” means MySouSou placing items for sale whether on its website or store or howsoever
- “Consignment Period” means the period of time starting from the date items are offered for sale
- “Days” means calendar day and includes weekends and public holidays
- “items” means the goods which the Seller agrees to supply to MySouSou for sale on his behalf
General Terms of Use
- The Seller shall register the item to be sold with MySouSou to be considered as an eligible seller. The Seller makes the item(s) available to MySouSou on a consignment basis and MySouSou accepts the item(s) on a consignment basis only.
- All risk of loss or damage to the item(s) is retained by the Seller until physical possession is passed to MySouSou at which time such risk is passed to MySouSou.
- MySouSou will only be liable to the Seller to refund the appraised value of the goods and shall not be liable for any other loss or destruction or any other liability whatsoever to the Seller.
- The Seller is responsible for the supply of information relating to the item including but not limited to its condition, age or length of use and for the accuracy and content of such information.
- The Seller is liable for ensuring that items supplied to MySouSou are of merchantable quality. MySouSou reserves the right to refuse or accept items which it considers within its discretion to not be of such quality.
- MySouSou shall pay promptly all sums due to the Seller upon the sale of the items supplied.
- MySouSou shall deduct its commission and any applicable sales tax and remit the balance due to the Seller. MySouSou reserves the right to set-off any processing fees owed in respect of any item.
- Items may be sold in the same condition as that in which it was received and MySouSou shall not be under any obligation to alter or remove or tamper with them or any markings or name plates or indications of the source of origin on them or any packaging supplied by the Seller.
Consignment Period and Return of Items
- The Seller shall deliver the item to MySouSou which will appraise the value of same. . MySouSou reserves the right to refuse to accept and or appraise any items in its sole discretion and without reason. The Seller agrees and authorises MySouSou to sell items at the appraised value as determined by MySouSou in its absolute discretion. Where items are supplied to MySouSou without immediate appraisal, MySouSou will notify the Seller of the appraised value and thereafter the items will be offered for sale after 7 days from the date of such notice. No processing fee will be applied for the return of items prior to an offer for sale. Should MySouSou refuse to appraise items not immediately appraised upon delivery, it shall notify the Seller to collect the items within 7 days, after which MySouSou will not be responsible for the value or return of any uncollected items. Failure by the Seller to reclaim the items will result in the forfeiture of the items by the Seller to MySouSou.
- MySouSou will offer the item for sale for an initial period of FOUR (4) months.
- The Seller may at any time request the return of the items not already sold by physically collecting the items and payment of the processing fees. The Seller is responsible for removal of the item. Notice will not operate to remove items from being offered for sale.
- The Consignment Period may, in the absolute discretion of MySouSou, be extended for a further period of FOUR(4) months commencing on the day following the expiration of the previous consignment period provided that the Seller has properly observed and performed its obligations under this agreement. Upon an extension of the Consignment Period the same terms and conditions will apply save and except that a discount of 10% of the appraised value of the item shall be applied and the processing fee deducted at the time of sale. MySouSou will notify the Seller before the expiration of the Consignment Period of its decision to extend the Consignment Period.
Title and Sale of Item
- Subject to the performance of the Seller’s obligations under this agreement, MySouSou will display on its online forum and make commercially reasonable efforts to sell the consigned item(s).
- The Seller acknowledges and agrees that the price of the item(s) to be sold shall be determined by MySouSou in its sole discretion based on its valuation of the item(s).MySouSou is not responsible to obtain the best price or market value price for the item.
- MySouSou may offer additional discounts and promotions during the Consignment Period at its sole discretion and without notice to the Seller as a means to efficiently market and sell the item(s). Such additional discounts and promotions will in no way affect the price agreed upon between the Seller and MySouSou.
- Title to and ownership of the Property will remain with the Seller until a sale occurs. The Seller accepts and agrees to MySouSou receiving a percentage commission based on the selling price of the product as per the table below:
| ITEM SELLING PRICE |
YOU EARN |
PROCESSING FEE |
| <TTD$100 |
50% |
$10 |
| TTD$100 To TTD $999 |
60% |
$20 |
| >TTD$999 |
70%
|
$50 |
| For large items ( Such as furniture) |
|
$200.00 |
Termination
- This agreement may be terminated by either party at any time by three (3) days written notice and upon the payment of the processing fees.
Warranty and Liability
- MySouSou makes no representation or warranty either express or implied about any item offered for sale.
- The Seller hereby warrants and represents that they possess good and marketable title to each item offered for sale and has the right to consign and sell the item(s), none of which is subject to any liens or other encumbrances and further warrants and represents that the item(s) does not infringe upon or violate any third party’s Intellectual Property Rights i.e copyrights, trademarks, patents or other proprietary right.
- The Seller agrees to indemnify and keep indemnified MySouSou from and against any and all loss, damage or liability whether criminal or civil suffered and legal fees and costs incurred by MySouSou in the course of conducting business and resulting from:
- Any act, neglect or default of the Seller or its agents, employees, licensees or customers
- The proven infringement of any intellectual property rights of any third party
- Any successful claim by any third party alleging libel or slander in respect of any matter arising from the conduct of business in Trinidad and Tobago.
- Both parties will be released from their respective obligations in the event of any cause beyond the reasonable control of the parties rendering performance of the Agreement impossible.
- Any notice required to be given by any of the parties under this Agreement shall be done by electronic mail and applies from the date of delivery of same.
By signing this document I understand and agree to all terms and statements made in this contract.
Signature: __________________________________Date: ___________________________
