MySouSou is engaged in the marketing and sale of preowned goods acting as agents for the vendors. MySouSou will appraise goods to be sold and sell at a commission on behalf of the vendors at the appraised price. The actual contract for sale is made between the vendor and the purchaser. MySouSou acts as an intermediary. All items are sold as is and where is and without any warranty.
The vendor owns and control and has the right to sell items registered for sale with MySouSou and described and itemized on MySouSou’s website.
The Vendor desires that the item be sold on consignment by MySouSou, and MySouSou wishes to sell said item on behalf of the Vendor. The Vendor 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.
The Vendor shall register the item to be sold with MySouSou to be considered as an eligible seller. The Vendor 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 Vendor until physical possession is passed to MySouSou at which time such risk is passed to MySouSou.
MySouSou will only be liable to the Vendor 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 Vendor.
The Vendor 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 Vendor is liable for ensuring that items supplied to MySouSou are of merchantable quality. MySouSou reserves the right to refuse or accept goods which it considers within its discretion to not be of such quality.
MySouSou shall pay promptly all sums due to the Vendor upon the sale of the goods supplied.
MySouSou shall deduct its commission and any applicable sales tax before remit the balance due to the Vendor.
Items shall be sold in the same condition as that in which it was received and MySouSou shall not 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 Vendor.
Consignment Period and Return of Items
The Vendor shall supply MySouSou with the physical item to be sold for a period of FIVE(5) months or 150 days from the date of delivery of the item (“the Commencement Date”) on consignment (hereinafter “the Consignment Period”). MySouSou reserves the right to refuse to accept and or appraise any items in its sole discretion and without reason. The Vendor agrees to accept the appraised value of the items as determined by MySouSou in its absolute discretion. Where items are supplied to MySouSou without immediate appraisal, MySouSou will notify the Vendor of the appraised value and thereafter the items will be placed for sale within 3 working days from the date of such notice. Should MySouSou refuse to appraise items not immediately appraised, it shall notify the Vendor to collect same within 3 working days, after which MySouSou will not be responsible for the value or return of any uncollected items.
The Vendor may at any time during the Consignment Period request the return of the item(s) provided that written notice is given and the item is not already sold. MySouSou reserves the right to pass on any costs of such return to the Vendor.
MySouSou reserves the right to charge an administration fee for items returned.
In the event an item is not sold within the consignment period, the Vendor may reclaim the goods within FOUR (4) WEEKS or 28 days from the end of the consignment period upon payment of an administration fee (Hereinafter “the Reclamation Period”).
Failure by the Vendor to reclaim the goods within the reclamation period will result in the forfeiture of the goods by the Vendor to MySouSou.
The Consignment Period may be extended for a further period of FIVE(5) months or 150 days commencing on the day following the expiration of the previous consignment period provided that the Vendor:
Has properly observed and performed its obligations under this agreement throughout the consignment period.
Pays to MySouSou the administration fee.
Re-registers the goods to be sold at no additional cost within TWO (2) Weeks of the expiry of the previous consignment period.
Title and Sale of Item
Subject to the performance of the Vendor’s obligations under this agreement, MySouSou will display on its online forum and make commercially reasonable efforts to sell the consigned item(s).
The Vendor 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 Vendor 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 vendor and MySouSou.
Title to and ownership of the Property will remain with the Vendor until a sale occurs.A sale is deemed to occur where the item(s) is sold by MySouSou or its agents and the purchase price received.
The Vendor 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
=TT$100 – TT$999.99
This agreement may be terminated by either party at any time during the Consignment Period once written notice is given. Otherwise, this agreement shall terminate on the expiry date of the Consignment Period.
Warranty and Liability
MySouSou makes no representation or warranty either express or implied about any item offered for sale.
The Vendor 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 Vendor 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
provided that such liability has not been incurred by MySouSou through any default in carrying out the terms of this Agreement.
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.
The Purchaser acknowledges and accepts that the items purchased from the Vendor through MySouSou are conveyed AS IS WHERE IS, and without any warranty whatsoever.
MySouSou agrees that Purchasers will have reasonable opportunity to inspect goods before completing a sale. In the event of an online sale, the Purchaser will have the opportunity for a full refund upon inspection of the said goods.