Last Updated: 12/30/2023
This Seller Agreement (the “Agreement
”) governs the relationship between SellBuddy LLC (“SellBuddy
” or “we
”) and the individual or entity providing items or property (each, an “Item
”) for sale (“Seller
” or “you
”). This Agreement applies to Items provided by the Seller to SellBuddy for sale.
By providing any Item to SellBuddy or by selecting the box on the form submission webpage (https://www.sell-buddy.com/pages/sms
) that states you agree to this Seller Agreement you (a) acknowledge that you have read and understand this Agreement; (b) represent that you have the capacity to enter into this Agreement; and (c) accept this Agreement and agree that you are legally bound by its terms. If you do not accept these terms, you may not participate in the service.
Modifications to this Agreement
We reserve the right to modify this Agreement at any time for any reason. We will inform you of any changes through reasonable methods, such as updating the Agreement on our website. The "Last Updated" date at the top of the Agreement indicates the most recent revision. Your continued use of our website (https://www.sell-buddy.com) after any modifications signifies your acceptance of these changes.
Item Pick Up & Title to Items
Notwithstanding any terms in this Agreement or any other arrangement between the Seller and SellBuddy, SellBuddy retains the discretionary right to decline any Item at any point, including after inspection during Pickup. SellBuddy is not obligated to justify its decision to reject an item.Upon completion of the Pickup, ownership, and all rights to the Item transfer to SellBuddy. The Seller relinquishes any rights, claims, or interests in the Item, including any right to reclaim or undo the transfer of the Item to SellBuddy.Apart from payments specified in section 5 to the Seller, SellBuddy incurs no liability to the Seller regarding any Item. Additionally, SellBuddy is not liable for any third-party claims related to an Item for periods before SellBuddy's possession and ownership. Such liabilities remain exclusively with the Seller.
The Seller is eligible for a share of the revenue ("Revenue Share") from any sale of an Item by SellBuddy to a third party. The Revenue Share is based on the final sale price of an Item. The specific percentages or amounts constituting the Revenue Share will be clearly defined as follows:
Final Sale Price and Revenue Share
$0 to $99.99: Seller Earns 10%
From $100 to $249.99: Seller Earns 14%
From $250 to $499.99: Seller Earns 20%
From $500 to $749.99: Seller Earns 22%
From $750 to $999.99: Seller Earns 25%
From $1000 to $1499.99: Seller Earns 32%
From $1500 to $1999.99: Seller Earns 38%
From $2000 to $2999.99: Seller Earns 45%
$3000 Or More: Seller Earns 55%
Once the Seller completes the submission on the Site, they cannot alter the Revenue Share. The Seller's earnings are solely derived from the sale proceeds of the Item, excluding any additional revenue generated by SellBuddy through ancillary services or products related to the Item, such as insurance or repair services. SellBuddy will distribute the Revenue Share to the Seller through a medium mutually agreed upon between SellBuddy and the Seller at any time. SellBuddy reserves the right to deny any payment medium for any reason. Furthermore, SellBuddy shall have no obligation to any Seller to distribute any Revenue Share sooner than thirty (30) days after the applicable payment is received by SellBuddy from the end customer.SellBuddy does not assure, guarantee, or make any promises that an item will be sold to a third party, nor does it guarantee that the Seller will receive any payment for an item. SellBuddy exclusively reserves the right to set and modify the sale price of any Item at its discretion and may adjust these prices at any given time, including to zero dollars ($0.00). SellBuddy is responsible for paying all relevant sales, use, and similar taxes associated with the sale of an Item to a third party. However, SellBuddy is not obligated to pay any taxes related to payments made to the Seller, such as sales, use, or income taxes. These tax liabilities are the responsibility of the Seller. Upon requesting the services of SellBuddy, the Seller may choose to forego their Revenue Share. The Seller fully acknowledges its foregoing of proceeds if they select the applicable checkbox upon submitting a request on the Site’s form submission page (https://www.sell-buddy.com/pages/sms
) or by verbal agreement with a representative or employee of SellBuddy. Upon agreeing to forego Revenue Share, the Seller will not receive Revenue Share distributions from SellBuddy.
Additional Terms and Conditions
The Seller understands and accepts that SellBuddy is under no obligation to sell any Item and may choose to do so at its sole discretion. The Seller also acknowledges that SellBuddy retains the right to dispose of an Item in any manner it chooses at any time. The Seller is not entitled to reclaim the Item once it has been transferred to SellBuddy. SellBuddy has the right to advertise or market and Item using means determined by SellBuddy and may describe an Item in any manner chosen by SellBuddy. SellBuddy will not disclose personal information provided to SellBuddy by the Seller in the advertising, promotion, or marketing of an Item without the Seller’s written consent.
Warranties and Indemnity
Seller represents and warrants to SellBuddy that: Seller has the right, power, and authority to provide items to SellBuddy and enter into this Agreement and to perform all obligations hereunder; andThis Agreement is enforceable against the Seller in accordance with its terms; andNo claims, liens, or actions exist or are threatened that would interfere with the Seller’s ability to fully perform under this Agreement and this Agreement is valid, legal, and binding; andThis Agreement does not violate and is not otherwise limited by another agreement to which the Seller is a party; andThere are no obligations on SellBuddy to reproduce photographs of any Item; andThe information the Seller has provided to SellBuddy is true and correct. The Seller acknowledges and agrees that SellBuddy will rely upon the accuracy and completeness of the foregoing warranties. The Seller shall defend, indemnify, and hold harmless, SellBuddy, its employees, members, managers, and agents, against any and all claims, actions, damages, losses, and expenses (including reasonable attorney’s fees for counsel of SellBuddy’s choice) arising out of or resulting from any and all claims raised by the buyer of any Item, including but not limited to, ownership or right to possession of any Item, any alleged breach by the Seller of any obligation, representation or warranty pursuant to this Agreement, or from SellBuddy’s offering for sale or selling any Item.
Limitation of Liability
SellBuddy shall not be liable in any way for damages, whether general, special, incidental, or consequential, however caused, whether by loss, theft, or damage, including negligence, arising out of consignment and/or sale of any Item, and including the packing and shipping of the Item. SellBuddy exclusively decides the methods for transporting, storing, repairing, refurbishing, or handling an Item. The Seller acknowledges that SellBuddy bears no liability to the Seller for any damage, destruction, or need for repair or refurbishment of an Item resulting from these actions.
The Seller has read and understood this Agreement. Should the Seller bring any legal action against SellBuddy related to this transaction, the matter shall be decided in a court of law in the State of Colorado. If the said court of law decides in favor of SellBuddy, the Seller agrees to pay all legal costs incurred by SellBuddy to defend against such action. This Agreement constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document’s date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by both parties. Notwithstanding anything to the contrary contained herein, in no event shall any party be liable for consequential, special, exemplary, or punitive damages in connection with this Agreement.