Valet Program Overview
The valet program (the "Program") is a new program that can help you earn money by having your no longer needed Items (each an "Item" and collectively, "Items") sold on eBay.com.au. Odeo (each referred to in this Agreement as the "valet") will assist in obtaining your Items by providing you a shipping label to send your Items in. The valet will then list and attempt to sell your items on eBay.com.au on a consignment basis.
Third Party Services
The services the valet will provide you under this Agreement are collectively referred to as the "Services". A valet will offer you the Services if you agree to be bound by this Agreement. Valets reserve the right to amend, cancel or alter these Services at their discretions. The Services are being provided to you by the valet (each listed at the end of these Terms of Use) and not by eBay Inc. ("eBay"). eBay does not take possession of the Items you want sold. You have ultimate control over an Item that has been listed and may withdraw a listing by requesting the item to be returned back to you via the portal (fees apply).
THE USE OF THE SERVICES IS GOVERNED BY THESE TERMS OF USE ("AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. BY CONSENTING TO THIS AGREEMENT, YOU ARE CONSIGNING YOUR ITEMS TO BE SOLD BY A VALET ON EBAY.COM.
THE AGREEMENT MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS. EXCEPT AS STATED BELOW, THE AMENDED TERMS WILL AUTOMATICALLY BE EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.
THERE IS NO GUARANTEE THAT YOUR ITEM WILL BE LISTED OR THAT YOUR ITEM WILL SELL.
Your Representations and Warranties
You, (the "Consignor") represent and warrant that you: (A) are age eighteen (18) or older; (B) are the lawful owner of each Item you are consigning and have all the necessary right, title, and authorization to consign such Item and permit the valet to offer, sell, and deliver the Item to any third party; and (C) your Items are not counterfeit and do not infringe the proprietary rights, including, without limitation, copyrights, patents, domain names, trademark rights or any other intellectual property rights, of any third party. If you breach any of the above representations and warranties, you may be ineligible to participate in the Program or use eBay in the future. In addition, Odeo is under an obligation to share information regarding such potential or actual breach with eBay and to local authorities, in which case eBay may restrict or suspend your selling activity on the eBay website. In addition, eBay may restrict or suspend your selling activity on the eBay website and suspend or remove a listing, if an item is reported by a third party as infringing the proprietary or intellectual property rights of such third party.
Items Eligible for the Program
Items eligible for the Program include electronics goods. For a list of all the items accepted please see: List of categories. The valet will NOT accept anything worth under $50 AUD, any items that are prohibited from sale on eBay, as well as the excluded items listed here.
- The item must also not exceed the following dimensions:
- - a maximum girth of 200cm
- - no one side greater than 1.05m in length
- - a dimension greater than 0.25 cubic metres
For a list of eBay's prohibited items, see: http://pages.ebay.com/help/policies/items-ov.html#prohibited, and for eBay's rules about intellectual property, see http://pages.ebay.com/help/policies/intellectual-property-ov.html
Odeo reserve the right to not list any of your Items, including your eligible Items, if they believe that the Item will not successfully sell on eBay.com.au
Liability for Loss or Damage
Items will be insured by the valet during transport and storage at the valet's facility while the Item is in valet's possession. You will be reimbursed for any Item that is lost, damaged or stolen while in the valet's possession.
The valet's aggregate liability to you or any third party in any circumstance for each Item is limited to the price at which the Item sold on eBay.com.au and if not sold, the average selling price for virtually the same item (with the same features and in the same condition) on eBay.com.au over the 90 days prior to the determination.
The valet shall not be responsible for any loss or damage to Items resulting from the following:
- a. Caused by or resulting from inherent vice, wear and tear, rust, corrosion, decay, deterioration, hidden or latent defect;
- b. Caused by or resulting from fungus or mold (unless such fungus or mold is in the valet's property)
- c. Caused by or resulting from the seizure or destruction of property by order of governmental authority
- d. Caused by or resulting from war, military action, rebellion or revolution.
- e. Mechanical or electrical derangement of Items unless evidenced by external damage to such Items.
It is your responsibility to package the Items you mail in properly. Once the package is scanned into the shipping carrier's system, your Items are covered up to $100 through Australia Post’s standard claims procedure.
If there is no scan showing the shipping carrier received the package, then the valet and Australia Post are not liable for any lost, damaged or stolen boxes. The valet only accepts responsibility for the Items it receives. If you believe your item was lost, damaged or stolen then please contact Australia Post directly.
What determines How Much Your Items Sell For
Items will be listed on eBay.com.au and will be listed via Buy It Now. The valet will use its expertise and data on other comparable items on eBay.com.au to set the asking price for a fixed price listing, unless a price is requested by you in the initial form.
Automated Discount Program and Forfeiture of Items
Items will be discounted 5% every 7 days until sold or price drops below $40. If the Item price drops below $40, listing will be ended and you will have 30 days to request for the item to be returned to you (fees apply) otherwise item will be forfeited and will be the property of the valet.
What happens if Your Items Sell
If your Items sell, the valet will send a payment to you via PayPal for between 40% and 80% of the sale proceeds of your sold Items, depending on the final sale price of each Item, no later than 2 business days after each item is sold and paid for by the buyer. You need a PayPal account to access the sent payment. The valet will deposit any payments via PayPal using the email address you have provided. If you don't have a PayPal account, you will receive an email that tells you how to set-up a PayPal account to access your money. PayPal is the only payment method available in this Program.
The valet will be responsible for shipping your Items to the buyer. If the buyer returns an Item, that Item will be the property of the valet and the valet will decide what to do with the Item. You will generally not be asked to return any payment in case of the return of an Item by a buyer, except in cases of your breach of the representations and warranties above (including, without limitation, if your Item was counterfeit, stolen or non-functional).
Prohibition on Shill Bidding
Shill bidding is prohibited for your items listed through the Program. For more information on shill bidding, see our policy page here: http://pages.ebay.com/help/policies/seller-shill-bidding.html
What happens if Your Item(s) Don't Sell/Are Not Sellable
The valet will use its expertise to decide in its sole discretion whether an Item will successfully sell on eBay.com.au. Some Items may not be sold on eBay.com.au for various reasons including, but not limited to, instances where there are questions about the safety, authenticity, or the legality of selling such Items online. If the valet determines that an Item is not sellable or if the Item doesn't sell after being listed on eBay.com, you will be notified.. If Item sent to the valet is ineligible and/or worth less than $50, you will be notified, Item will not be listed and you will have 30 days to request for the item to be returned to you (fees apply) otherwise Item will be forfeited.
Through the use of the automatic discount program, if the Item price drops below $40, it will be deemed as an unsold item, you will be notified, listing will be ended and you will have 30 days to request for the item to be returned to you (fees apply) otherwise Item will be forfeited.
If a valet determines in their sole discretion that an Item poses a significant trust and safety risk, such as an illegal item or a counterfeit, the valet has an obligation to properly dispose of the Item, in which case the Item cannot be returned to you. You release the valet from any liability surrounding this determination.
Fees for the Program
| Item Selling Price | You earn |
|---|---|
| =$500.00 | 80% |
| $250.00 - $499.99 | 70% |
| $40 - $250 | 60% |
At this time, the only costs to you are the 20-40% fee charged by the fee for listing and selling your items. The fees for the Program may change from time to time and will be published as part of these terms. All other fees such as shipping the item to the valet, packaging and sending the item out to the end customer will be the valet’s responsibility.
Privacy
The valet will collect your name, address, phone number, email address and PayPal email address ("your personal information") for participation in the Program. Your personal information will be used only to provide you the Services and any additional services you request. The valet may share your personal information with eBay Inc. in order for them to measure and improve the Program and their related services and for trust and safety purposes. The valet may also share your personal information with service providers who help with its business operations.
The valet does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. The valet may combine your information with information collected from other companies and use it to improve and personalize services and advertising.
Breach
Without limiting other remedies, the valets may immediately terminate the Services, and refuse to provide future Services to you if: (A) you breach this Agreement, (B) a valet believes that your actions may cause financial loss or legal liability to you, the valet, eBay or any of their affiliates or customers, or (D) a valet suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Item(s).
Indemnity
You agree to indemnify and hold the valets and their respective officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due, connected to, or arising out of your breach of this Agreement, or your violation of any law or the rights of any third party.
Warranty Disclaimer
The valets provide their Services "as is" and "as available" and without any warranty, condition or representation as to the Services, of any kind, express, implied or statutory. The valets specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. In addition, to the extent permitted by applicable law, valets are not liable, and you agree not to hold valets responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, consequential, or punitive damages) resulting directly or indirectly from the Services or your use of the Program.
Regardless of the previous paragraphs, if valets are found to be liable, such liability to you or to any third party is limited to the greater of (a) value of the Items you attempted to consign (if not sold on eBay.com.au, based on average selling price of comparable items sold on eBay.com in the previous 90 days) and (b) $500.
Trademark Information
Odeo and other trademarks and intellectual property appearing in the Services are the property of Odeo (“the Marks”). Without our prior written permission, you must not display or use the Marks in any manner or for any reason.
Governing Law
You agree that: (i) the Service shall be deemed solely based in New South Wales, Australia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Odeo, either specific or general, in jurisdictions other than New South Wales, Australia. These Terms of Service shall be governed by and construed in accordance with the laws of New South Wales, Australia.