Selling & Consignment Terms.

Last Revised: 8/8/2022

 

Selling & Consignment Terms

 

These terms and conditions create a contract between you and The Resell Club (the "Agreement" and/or "Selling & Consignment Terms"). Please read this Agreement carefully. To confirm your understanding and acceptance of the Agreement, you will be required to click the checkbox next to "I agree to the Selling & Consignment Terms." during your appointment booking, sign the paper or digital Agreement slip/page upon drop off or pickup. You must agree to this Agreement if you wish to sell or consign goods with The Resell Club

 

UPFRONT PAYMENT/instantPAY SELLING TERMS

 

1. OVERVIEW

You would like to sell the items that you have sent to us or that we have collected from you (collectively, the "Property") to The Resell Club on an upfront payment basis. This means that you, would like to transfer ownership of the property to The Resell Club in exchange for a mutually agreed upon upfront payment.

 

2. DELIVERY OF PROPERTY; RISK OF LOSS; INSURANCE

You are responsible for all risk of loss or damage to the Property until The Resell Club takes physical possession of it; however, if you use The Resell Club's approved, pre-paid shipping label and approved method of shipment to ship your Property, The Resell Club will assume the risk of loss or damage to the Property upon shipment. A "Shipment" means items of Property that are shipped together under one The Resell Club approved, pre-paid shipping label. The same policy applies for item pickup appointments.

If an item of Property is damaged, stolen, or lost while in The Resell Club's possession and before any upfront payments have been made, The Resell Club will pay you a standard $3 on that item. This remedy shall constitute your sole remedy and entire recourse against The Resell Club for Property that is damaged, stolen, or lost and is in lieu of any other remedy otherwise available as a matter of law or equity before any upfront payments have been made.

 

3. PROPERTY ACCEPTANCE CONDITIONS

Upon receipt, The Resell Club will evaluate each item of Property to determine, in its sole discretion, its authenticity, quality, and value. The item’s condition will affect the valuation.

The Resell Club only Accepts Property: (a) that The Resell Club determines in its sole discretion to be in good to excellent condition; (b) that is listed in The Resell Club’s current Brand Search Bar at the time of evaluation (see https://theresellclub.com/sell for items currently being accepted); (c) that The Resell Club determines in its sole discretion to be authentic.

Property that does not meet the above requirements will not be accepted and will be either (1) returned to you at your expense or (2) with your approval, confirmed in writing, The Resell Club will donate your items to a charity of its choice and supply you with a Donation Receipt upon request (see "Unauthenticated Items" at Section 4 below and "Return of Property" at Section 5 below for more information).

 

4. UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS

You are responsible for ensuring the authenticity of all Property you provide to us. If The Resell Club cannot confirm the authenticity of any item of Property you have provided, it shall have the right in its sole discretion to refuse to accept the item. If The Resell Club determines at any time that an item of Property is counterfeit, The Resell Club shall notify you that it has made such a determination and you will have an opportunity to provide proof of purchase/other proof of authenticity acceptable to The Resell Club. You acknowledge and agree that any item The Resell Club finally determines to be counterfeit will not be returned to you and will be destroyed. Please note counterfeit goods are illegal.

You acknowledge and understand that The Resell Club is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. The Resell Club takes such reports seriously and will cooperate with law enforcement in all investigations.

 

5. RETURN OF PROPERTY

You maintain the right to request the return of any items (a “Item Return Request”) before any upfront payments have been made. You will be responsible for either picking up your item at our retail store location or for the cost of return shipping. Return shipping costs will be billed to you via an electronic invoice and will be determined in the sole discretion of The Resell Club

The Resell Club shall have no obligation to ship the property back to you until it receives payment for the return shipping costs. You may request in writing (over email at info@theresellclub.com, via live chat on www.theresellclub.com or via facebook messenger, that The Resell Club return the item (a “Item Return Request"), so long as the item has not already been sold to The Resell Club Once The Resell Club receives your “Item Return Request” and a paid return shipping invoice, it will use commercially reasonable efforts to return the item to you. It is your responsibility to ensure that The Resell Club has your most current contact information and mailing address.

 

 

6. TITLE TO PROPERTY

You agree to transfer all ownership and title to the property to The Resell Club once you have been paid via an upfront payment. You shall maintain no rights to the property once you have sold it to The Resell Club

You agree to accept the offer, pickup your items or request an “Item Return Request” within 14 days or the property will become property of The Resell Club and all Payments will be forfeited.

 

7. PAYMENT

Once The Resell Club has finished is final valuation on the property, it shall reach out to you via email with an upfront payment offer which will be 60% of your consignment quote. You will have the right to confirm or decline the offer. If confirmed, The Resell Club will pay you via PayPal within 24-48 hours or mail a physical check within 24-48 hours. If you decline the offer you shall be responsible for requesting an “Item Return Request” or picking up your items from our retail store location within 14 days from the time The Resell Club sent the offer.

 

8. NO ASSIGNMENT

You may not assign this Agreement or any interest you have in it without The Resell Club's prior written consent. Any prohibited assignment is null and void.

 

9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF The Resell Club’S SERVICES IS AT YOUR SOLE RISK. The Resell Club’S CONSIGNMENT AND OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Resell Club EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. The Resell Club MAKES NO WARRANTY THAT (A) The Resell Club’S SERVICES WILL MEET YOUR REQUIREMENTS OR (B) The Resell Club’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM The Resell Club OR THROUGH OR FROM THE SITE OR The Resell Club’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

The Resell Club AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES (EVEN IF The Resell Club HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE The Resell Club’S SERVICES OR THE SITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR (D) ANY OTHER MATTER RELATING TO The Resell Club’S SERVICES OR THIS AGREEMENT.

IN NO EVENT WILL The Resell Club'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PROPERTY HEREUNDER.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF The Resell Club'S BUSINESS, AND The Resell Club WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.

PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT AND THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

 

10. YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

You hereby represent and warrant that (a) you have good and marketable title to each item of Property and have the right to consign and sell the Property; (b) none of the Property is subject to any liens or other encumbrances; (c) the Property does not include counterfeit goods; and (d) the Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.

You hereby indemnify and hold The Resell Club harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by The Resell Club as a result of or arising in any way out of The Resell Club's display or sale of the Property, including but not limited to, civil or criminal suits over authenticity or ownership of Property, legality of sales, or copyright or trademark infringement. You expressly consent to jurisdiction of a federal or state court located in Livingston County, Michigan with respect to any matter arising under this Section 12.

This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between you and The Resell Club, whether tort, contract, or statutory, shall be governed by the laws of Michigan, without regard to its conflicts of laws principles.

 

11. AMENDMENTS TO THIS AGREEMENT

The Resell Club may update or change any of the terms and conditions of this Agreement at any time in its sole discretion upon 14 days’ notice, including as set forth above in "Commissions and Payment" at Section 8 above, and by notifying you in accordance with "Notices" at Section 19, below.

Revised terms will not apply to Property already sold to The Resell Club prior to the effective date of those revised terms.

 

12. ENTIRE AGREEMENT

This Agreement sets forth the final, complete, and exclusive agreement between you and The Resell Club regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements on such subject matter.

 

13. NO IMPLIED WAIVER

Any failure by you or The Resell Club to enforce any provision of this Agreement shall not constitute a waiver of such provision or of any other provision of this Agreement.

 

14. SEVERABILITY

If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement.

 

15. SURVIVAL OF TERMS AFTER AGREEMENT ENDS

Notwithstanding any other provision of this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on you or The Resell Club will survive the termination of this Agreement.

 

16. HEADINGS

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

 

17. NOTICES

If you have any questions or comments about this Agreement, the Site or The Resell Club’s services or wish to terminate this Agreement, please contact The Resell Club by email at info@theresellclub.com

You also may write to The Resell Club at:

The Resell Club, Inc.

Attn: Legal Team

138 W. Highland Rd Ste 200

Howell, MI 48843

 

The Resell Club shall provide all notices to you at the email address or physical address that you have provided to The Resell Club. You are solely responsible for keeping that information current with The Resell Club.

You hereby agree that all agreements, notices, disclosures, and other communications that The Resell Club provides electronically to you satisfy any legal requirement that such communications be in writing.

18. DISPUTE RESOLUTION

(a) Informal Dispute Resolution. Except for any controversy or claim relating to or arising from your representations, warranties, and indemnity obligations set forth in "Your Representations, Warranties and Indemnification" at Section 12 above, you and The Resell Club agree that, with respect to any matters, disputes, or claims between you and The Resell Club arising from or related to this Agreement or your relationship with The Resell Club, you and The Resell Club shall negotiate in good faith to informally resolve the problem or dispute. If the problem or dispute is not resolved satisfactorily within 60 days after you or The Resell Club receives notice from the other party in accordance with "Notices" at Section 19 above, you or The Resell Club can submit the dispute to binding arbitration in accordance with the arbitration provisions below.

(b) Arbitration. Except for any controversy or claim (i) relating to your obligation to indemnify The Resell Club, set forth in "Your Representations, Warranties and Indemnification" at Section 12 above or (ii) properly filed and pursued in small claims court on an individual basis, any claim, dispute, or controversy between you and The Resell Club arising from or relating to this Agreement or the relationships which result from this Agreement that remains unresolved after you and The Resell Club attempt to resolve them informally shall be resolved by binding arbitration brought on an individual basis as a "Common Claim" before the National Arbitration Forum (NAF) pursuant to the Code of Procedure then in effect (or such other arbitration provider as is mutually agreeable to you and The Resell Club) in a manner consistent with the terms in this Agreement. You and The Resell Club shall submit all available documents that support all claims, counterclaims, or defenses at the time of submission of the initial claim or response thereto. Formal discovery will only be permitted upon a showing of good cause and subject to the arbitrator’s approval. In the event the arbitrator requires an in-person proceeding, you agree that such proceeding shall take place in Livingston County, Michigan. You and The Resell Club shall each pay our own arbitration and hearing fees, costs, and expenses, including but not limited, to fees, costs, and expenses for attorneys, experts, discovery, and witnesses (as applicable). The arbitration shall be conducted by a single arbitrator. The arbitration may be held by telephone or by written submissions if you and The Resell Club so elect. The arbitrator shall issue a written award. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction. Information may be obtained at www.adrforum.com and claims may be filed electronically at file@adrforum.com. After an arbitration is commenced, if the initiating party (the "Claimant") makes a written offer of settlement that is rejected by the other party ("Respondent"), and Claimant is the prevailing party in arbitration and recovers an amount equal to or greater than Claimant’s offer of settlement, Claimant shall recover his, her, or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and pursuing the claim in arbitration up to $25,000. After an arbitration is commenced, if Respondent makes a written offer of settlement that is rejected by Claimant, and Claimant either does not prevail in arbitration or does not recover more in the arbitration than Respondent’s offer of settlement (exclusive of attorneys’ fees or costs awarded to Claimant by the arbitrator), then Respondent shall recover his, her, or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and defending the claim in arbitration up to $25,000. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.

(c) Exceptions. This agreement to arbitrate does not apply to claims filed on an individual basis in small claims court properly within that court’s jurisdiction and proceeding on an individual (non-class) basis. You and The Resell Club expressly agree that arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class-action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and The Resell Club. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement, if any portion of this "Exceptions" provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.

(d) Voluntary and Knowing Waiver.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT IN ANY REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

 

 

 

 

CONSIGNMENT TERMS

 

The below terms ONLY apply to items that are consigned with us (please note business sellers have a different payout structure). The below does NOT apply to any items that have been sold to The Resell Club under the upfront payment method.

 

These terms and conditions create a contract between you and The Resell Club (the "Agreement"). Please read this Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “I Agree" or sign the Agreement. You must agree to this Agreement if you wish to consign or sell goods TO The Resell Club

 

ONCE YOU AGREE TO THIS AGREEMENT, IT WILL REMAIN IN EFFECT UNTIL YOU OR The Resell Club TERMINATES IT.

1. OVERVIEW

You would like The Resell Club to sell the items that you have sent to us or that we have collected from you (collectively, the "Property") on a consignment basis. This means that you, not The Resell Club, will still own the Property, even after you transfer physical possession of the Property to The Resell Club. After The Resell Club receives Property from you, The Resell Club will send you an email in accordance with "Notices" at Section 19 below confirming the items of Property received. Once the items have been evaluated, inspected, and authenticated by The Resell Club you will receive a final offer amount. Depending on the estimated selling price, you will either a) receive your  Please note that all prices are determined at The Resell Club’s sole discretion and may be different then the original quoted price. The Accepted items will then be processed and listed as available for sale on the site and, at The Resell Club’s sole discretion, may also concurrently be displayed and available for purchase at one of our store locations.

 

2. DELIVERY OF PROPERTY; RISK OF LOSS; INSURANCE

The Resell Club accepts the Property from you on a consignment basis only. You are responsible for all risk of loss or damage to the Property until The Resell Club takes physical possession of it; however, if you use The Resell Club's approved, pre-paid shipping label and approved method of shipment to ship your Property, The Resell Club will assume the risk of loss or damage to the Property upon shipment. A "Shipment" means items of Property that are shipped together under one The Resell Club approved, pre-paid shipping label. The same policy applies for item pickup appointments.

If an item of Property is damaged, stolen, or lost while in The Resell Club's possession, it will be treated as Sold (defined in "Title to Property" at Section 7 below) and The Resell Club will pay you a Commission (defined in "Commissions and Payment" at Section 8 below) on that item. The Commission will be based on the damaged, stolen, or lost item’s estimated Net Selling Price (defined in "Commissions and Payment" at Section 8 below), which will be determined solely by The Resell Club. This remedy shall constitute your sole remedy and entire recourse against The Resell Club for Property that is damaged, stolen, or lost and is in lieu of any other remedy otherwise available as a matter of law or equity.

 

3. PROPERTY ACCEPTANCE CONDITIONS

Upon receipt, The Resell Club will evaluate each item of Property to determine, in its sole discretion, its authenticity, quality, and value. The item’s condition will affect the valuation.

The Resell Club only Accepts Property for consignment : (a) that The Resell Club determines in its sole discretion to be in good to excellent condition; (b) that is listed in The Resell Club’s current Brand Search Bar at the time of evaluation (see https://theresellclub.com/sell for items currently being accepted); (c) that The Resell Club determines in its sole discretion to be authentic; and (d) for which the representations and warranties you make in the "Your Representations, Warranties, and Indemnification" section below are true.

Property that does not meet the above requirements will not be accepted and will be either (1) returned to you at your expense or (2) with your approval, confirmed in writing, The Resell Club will donate your items to a charity of its choice and supply you with a Donation Receipt upon request (see "Unauthenticated Items" at Section 4 below and "Consignment Period and Return of Property" at Section 5 below for more information).

 

 

4. UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS

You are responsible for ensuring the authenticity of all Property you provide to us. If The Resell Club cannot confirm the authenticity of any item of Property you have provided, it shall have the right in its sole discretion to refuse to accept the item. If The Resell Club determines at any time that an item of Property is counterfeit, The Resell Club shall notify you that it has made such a determination and you will have an opportunity to provide proof of purchase/other proof of authenticity acceptable to The Resell Club. You acknowledge and agree that any item The Resell Club finally determines to be counterfeit will not be returned to you and will be destroyed. Please note counterfeit goods are illegal.

You acknowledge and understand that The Resell Club is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. The Resell Club takes such reports seriously and will cooperate with law enforcement in all investigations.

 

5. CONSIGNMENT PERIOD AND RETURN OF PROPERTY

The "Consignment Period" for each item of Property begins on the date The Resell Club Accepts the item for consignment and ends 365 days thereafter, even if this Agreement has been terminated during that time by you or The Resell Club. At any time during the Consignment Period, and subject to this provision, you may request in writing (over email at info@theresellclub.com, via live chat on www.theresellclub.com or via facebook messenger, that The Resell Club return the item (a “Item Return Request"), so long as the item has not already been Sold. Once The Resell Club receives your “Item Return Request”, it will use commercially reasonable efforts to remove the item from the ebay store or online site and from any of our retail store locations if applicable, before it is sold. It is your responsibility to ensure that The Resell Club has your most current contact information and mailing address.

(a) If the Return Request is made 90 days or less from the date The Resell Club Accepted the item of Property, The Resell Club will return the item within 30 days. The Resell Club will charge you the costs of return and, in such case, such costs shall be deducted from your pending Commissions. If you do not have enough pending Commissions available to cover the costs of return, The Resell Club shall have no obligation to return the item to you unless and until you pay The Resell Club the costs of return prior to shipment. Return shipping requests will be made payable through an electronic invoice.

Additionally, The Resell Club will charge you (i) a fee of $10 per every item, which reflects The Resell Club’s up-front costs of storing, cataloging, and photographing the item in preparation for sale, plus (ii) applicable shipping costs.

(b) If the Return Request is made more than 90 days after Acceptance, the item will be returned within 30 days at The Resell Club’s expense and no fees will be added.

(c) If an item remains unsold at the end of the Consignment Period, The Resell Club will contact you and, at your option and The Resell Club’s expense: (i) return the item to you or (ii) donate the item to a charity of The Resell Club’s choice. (iii) extend the con

If at the end of the Consignment Period The Resell Club is unable after using commercially reasonable efforts to contact you at the email or physical address it has on file for you in accordance with the "Notices" at Section 19 below, the item(s) will become property of The Resell Club

 

6. EFFORTS TO SELL; PRICE

So long as you comply with this Agreement, The Resell Club will display on its ebay store and, at The Resell Club’s sole discretion display and make available for sale at one of our retail locations, and will make commercially reasonable efforts to sell the Property. You acknowledge and agree that:

(a) The Resell Club in its sole discretion will determine the initial selling price for each item of Property (the "Initial Sale Price") based on its evaluation of that item, together with its determination of the current market price for that item;

(b) In order to market and promote the sale of each item, The Resell Club may in its sole discretion apply an immediate 20% discount to the item, which will affect the item’s Initial Sale Price, unless The Resell Club and you have otherwise agreed in writing to a specific price at which a specific item must be sold.

(c) The Resell Club may offer additional discounts and promotions during the Consignment Period, at its sole discretion and without notice to you, as a means to efficiently market and sell the Property, unless The Resell Club and you have otherwise agreed in writing to a specific price at which a specific item must be sold.

 

7. TITLE TO PROPERTY

You will continue to own and have title to each item of Property until that item is "Sold". An item will be considered Sold when:

(a) it is sold by The Resell Club to a customer and not returned to The Resell Club within 30 days); or

(b) it is lost, stolen, damaged, or destroyed while in The Resell Club's possession.

 

8. COMMISSIONS AND PAYMENT

(a) "Commission Window" means each week starting on Sunday shall serve as a window of sales and be grouped together for your commissions.

(b) "Net Selling Price" means the price at which an item of Property is Sold, less applicable discounts and promotions and excluding taxes and shipping. "Net Sales" means the total amount received by The Resell Club from the Sale of all of your Property within a Commission Window, less applicable discounts and promotions and excluding taxes and shipping. For example, if you had three items of Property that Sold in a Commission Window whose Net Selling Prices were $5,000, $100, and $4,000, your Net Sales for that Commission Window would be $9,100.

 

(c) Commission Rate. The commission rates are as follows…

Selling price - $1-$14.99: 10%

Selling price - $15-$19.99: 15% 

Selling price - $20-$29.99: 25%

Selling price - $30-$34.99: 30%

Selling price - $35-$39.99: 35%

Selling price - $40-$49.99: 40%

Selling price - $50-$99.99: 45%

Selling price - $100-$199.99: 50%

Selling price - $200-$499.99: 60%

Selling price - $500-$999.99: 65%

Selling price - $1,000-$4,999.99: 70%

Selling price - $5,000+: 80%

 

(d) Calculation of Commissions. The Resell Club will pay you a Commission on each item of Property that is Sold. The Commission shall be equal to the item’s Net Selling Price multiplied by the applicable Commission Rate. Commission is applicable to any additional fees we may charged to a customer/buyer such as shipping, handling, processing and any other additional fees outside of the sale price for the item. The Commissions you receive for Sales of your Property are the sole compensation you will receive under this Agreement.

(e) Payments. The Resell Club typically begins processing Commission payments during the first week of each month. Payments will be made to you by physical check, or PayPal.

The timing of processing and delivering Commission payments will vary by the payment method you select but will typically take at least two business days.

(f) Disputes. If there is a dispute between you and The Resell Club, The Resell Club shall have no obligation to pay any Commissions or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. The Resell Club may withhold any Commissions due to you (including any due for Sold items of Property not subject to the dispute) in full or partial satisfaction of any amounts you owe to The Resell Club.

 

9. BUSINESS SELLERS

(a) “Business Seller" means any customer who has signed a “business seller” contract with The Resell Club A business seller is required to provide 50 or more items to The Resell Club a month to sell on a consignment basis.

(b) Commission for Business Sellers are as follows…

Selling price - $1-$14.99: 10% 

Selling price - $15-$19.99: 15% 

Selling price - $20-$29.99: 25%

Selling price - $30-$34.99: 30%

Selling price - $35-$39.99: 35%

Selling price - $40-$49.99: 40%

Selling price - $50-$99.99: 45%

Selling price - $100-$199.99: 50%

Selling price - $200-$499.99: 60%

Selling price - $500-$999.99: 65%

Selling price - $1,000-$4,999.99: 70%

Selling price - $5,000+: 80%

(c) Other polices for Business Sellers, all other terms and policies (above & below) in this agreement under the “Consignment Terms” heading apply to business sellers.

 

10. TERMINATION

You and The Resell Club may each terminate this Agreement in writing at any time, for any reason. Termination will be effective on the date of such notice and the costs listed under "Consignment Period and Return of Property" at Section 5, will apply.

 

11. NO ASSIGNMENT

You may not assign this Agreement or any interest you have in it without The Resell Club's prior written consent. Any prohibited assignment is null and void.

 

12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF The Resell Club’S SERVICES IS AT YOUR SOLE RISK. The Resell Club’S CONSIGNMENT AND OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Resell Club EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. The Resell Club MAKES NO WARRANTY THAT (A) The Resell Club’S SERVICES WILL MEET YOUR REQUIREMENTS OR (B) The Resell Club’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM The Resell Club OR THROUGH OR FROM THE SITE OR The Resell Club’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

The Resell Club AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES (EVEN IF The Resell Club HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE The Resell Club’S SERVICES OR THE SITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR (D) ANY OTHER MATTER RELATING TO The Resell Club’S SERVICES OR THIS AGREEMENT.

IN NO EVENT WILL The Resell Club'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PROPERTY HEREUNDER.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF The Resell Club'S BUSINESS, AND The Resell Club WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.

PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT AND THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

 

13. YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

You hereby represent and warrant that (a) you have good and marketable title to each item of Property and have the right to consign and sell the Property; (b) none of the Property is subject to any liens or other encumbrances; (c) the Property does not include counterfeit goods; and (d) the Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.

You hereby indemnify and hold The Resell Club harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by The Resell Club as a result of or arising in any way out of The Resell Club's display or sale of the Property, including but not limited to, civil or criminal suits over authenticity or ownership of Property, legality of sales, or copyright or trademark infringement. You expressly consent to jurisdiction of a federal or state court located in Livingston County, Michigan with respect to any matter arising under this Section 12.

This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between you and The Resell Club, whether tort, contract, or statutory, shall be governed by the laws of Michigan, without regard to its conflicts of laws principles.

 

14. AMENDMENTS TO THIS AGREEMENT

The Resell Club may update or change any of the terms and conditions of this Agreement at any time in its sole discretion upon 14 days’ notice, including as set forth above in "Commissions and Payment" at Section 8 above, and by notifying you in accordance with "Notices" at Section 19, below.

Revised terms will not apply to Property already Accepted for consignment prior to the effective date of those revised terms.

You shall be bound by all revised terms on the effective date, including any changes to the Commissions or Commission Rates, unless you terminate this Agreement before the effective date of the revised terms. If you do not agree to any revised terms, your sole recourse is to terminate this Agreement in accordance with "Termination" at Section 9 above before the effective date of the revised terms.

 

15. ENTIRE AGREEMENT

This Agreement sets forth the final, complete, and exclusive agreement between you and The Resell Club regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements on such subject matter. Except as set forth in "Commissions and Payment" at Section 8 and "Amendments to this Agreement" at Section 13 above, this Agreement may be modified only by a writing signed by you and The Resell Club.

16. NO IMPLIED WAIVER

Any failure by you or The Resell Club to enforce any provision of this Agreement shall not constitute a waiver of such provision or of any other provision of this Agreement.

 

17. SEVERABILITY

If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement.

 

18. SURVIVAL OF TERMS AFTER AGREEMENT ENDS

Notwithstanding any other provision of this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on you or The Resell Club will survive the termination of this Agreement.

 

19. HEADINGS

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

 

20. NOTICES

If you have any questions or comments about this Agreement, the Site or The Resell Club’s services or wish to terminate this Agreement, please contact The Resell Club by email at info@theresellclub.com

You also may write to The Resell Club Inc. at:

The Resell Club

Attn: Legal Team

138 W. Highland Rd Ste 200

Howell, MI 48843

 

The Resell Club shall provide all notices to you at the email address or physical address that you have provided to The Resell Club. You are solely responsible for keeping that information current with The Resell Club.

You hereby agree that all agreements, notices, disclosures, and other communications that The Resell Club provides electronically to you satisfy any legal requirement that such communications be in writing.

21. DISPUTE RESOLUTION

(a) Informal Dispute Resolution. Except for any controversy or claim relating to or arising from your representations, warranties, and indemnity obligations set forth in "Your Representations, Warranties and Indemnification" at Section 12 above, you and The Resell Club agree that, with respect to any matters, disputes, or claims between you and The Resell Club arising from or related to this Agreement or your relationship with The Resell Club, you and The Resell Club shall negotiate in good faith to informally resolve the problem or dispute. If the problem or dispute is not resolved satisfactorily within 60 days after you or The Resell Club receives notice from the other party in accordance with "Notices" at Section 19 above, you or The Resell Club can submit the dispute to binding arbitration in accordance with the arbitration provisions below.

(b) Arbitration. Except for any controversy or claim (i) relating to your obligation to indemnify The Resell Club, set forth in "Your Representations, Warranties and Indemnification" at Section 12 above or (ii) properly filed and pursued in small claims court on an individual basis, any claim, dispute, or controversy between you and The Resell Club arising from or relating to this Agreement or the relationships which result from this Agreement that remains unresolved after you and The Resell Club attempt to resolve them informally shall be resolved by binding arbitration brought on an individual basis as a "Common Claim" before the National Arbitration Forum (NAF) pursuant to the Code of Procedure then in effect (or such other arbitration provider as is mutually agreeable to you and The Resell Club) in a manner consistent with the terms in this Agreement. You and The Resell Club shall submit all available documents that support all claims, counterclaims, or defenses at the time of submission of the initial claim or response thereto. Formal discovery will only be permitted upon a showing of good cause and subject to the arbitrator’s approval. In the event the arbitrator requires an in-person proceeding, you agree that such proceeding shall take place in Livingston County, Michigan. You and The Resell Club shall each pay our own arbitration and hearing fees, costs, and expenses, including but not limited, to fees, costs, and expenses for attorneys, experts, discovery, and witnesses (as applicable). The arbitration shall be conducted by a single arbitrator. The arbitration may be held by telephone or by written submissions if you and The Resell Club so elect. The arbitrator shall issue a written award. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction. Information may be obtained at www.adrforum.com and claims may be filed electronically at file@adrforum.com. After an arbitration is commenced, if the initiating party (the "Claimant") makes a written offer of settlement that is rejected by the other party ("Respondent"), and Claimant is the prevailing party in arbitration and recovers an amount equal to or greater than Claimant’s offer of settlement, Claimant shall recover his, her, or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and pursuing the claim in arbitration up to $25,000. After an arbitration is commenced, if Respondent makes a written offer of settlement that is rejected by Claimant, and Claimant either does not prevail in arbitration or does not recover more in the arbitration than Respondent’s offer of settlement (exclusive of attorneys’ fees or costs awarded to Claimant by the arbitrator), then Respondent shall recover his, her, or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and defending the claim in arbitration up to $25,000. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.

(c) Exceptions. This agreement to arbitrate does not apply to claims filed on an individual basis in small claims court properly within that court’s jurisdiction and proceeding on an individual (non-class) basis. You and The Resell Club expressly agree that arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class-action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and The Resell Club. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement, if any portion of this "Exceptions" provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.

(d) Voluntary and Knowing Waiver.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT IN ANY REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

 

 

 

You also agree to receiving email & SMS notifications regarding selling with us.