1. About these terms and conditions

1.1 Introduction. These terms and conditions govern the legal relationship between Sell It, a company registered in Spain (“sell it”, “we” or “us”), and registered users of our website (“Users”).

1.2 Defined terms. The following expressions, used in these terms and conditions, have the particular meanings set out below:

“the Conditions” means these terms and conditions, as the same may be modified from time to time by Sell It in accordance with section 1.4 below

"the Website” means Sell It’s auction website, the URL for which is sellitonthecoast.com

“Lot” means any goods offered for sale through the Website

“Seller” means, in respect of a Standard Auction, the User who listed the Lot for sale; and in respect of a Wanted Auction, any User who offers to sell the Lot

“Buyer” means, in respect of a Standard Auction, any User who bids to buy the Lot; and in respect of a Wanted Auction, the User who invited other Users to offer a Lot for sale

“Parties” means, in respect of a Standard Auction, the Seller and the successful Buyer; and in respect of a Wanted Auction, the Buyer and the successful Seller

“Agreement” means the contract incorporating the Conditions, formed between us and any User

“Sale Contract” means, in respect of any Lot, the contract formed between the Parties (to which, for the avoidance of doubt, Sell It is not a party)

“Standard Auction” means an auction in which a User offers goods for sale through the Website and invites other Users to submit bids

“Wanted Auction” means an auction in which a User invites seeks to purchase goods through the Website and invites other Users to submit offers to sell.

The use of the pronoun “he” in relation to any person shall be deemed to include the pronouns “she”, “it”, and “they”, and vice versa.

1.3 Formation of the Agreement. All prospective buyers and sellers of Lots are required to register as users of the Website prior to making their first bid or trade. By registering as a User, and subsequently by making a bid or trade, you are accepting the then current version of the Conditions and agreeing to be bound by the legal obligations that the Agreement creates. Persons simply browsing the Website may do so without registration.

1.4 Sell It Membership

the web site services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors or those users who have been temporarily or indefinitely suspended.

1.5 Registration Fees. Sell It charges a fee, the level of which is set out in the current charges and displayed on line, for verification of user details at the time of registration. Should a potential user's details not pass verification or the application to join is refused for any other reason at Sell It's discretion, the fees used for processing the application are not refundable.

1.5.1 Termination of Membership by User. A user may terminate their membership of Sell It at any time by emailing Sell It.  Sell It’s email details can be found on the web site.  Account closure cannot be made retrospectively and any registration or annual fee paid prior to the date and time of notification of account closure will be forfeit. Acknowledgement of account closure will be made by email to the User's registered email address.

1.6 Reservations. Sell It reserves the right:

1.6.1 to modify the Conditions at any time and without prior notice to Users, by posting the Conditions as modified on the Website;

1.6.2 to terminate this Agreement with regard to any User who knowingly and/or repeatedly breaches its terms, and to prohibit access to the Website by such Users;

1.6.3 to suspend access to the Website and the User registration of any User, on expiry of the credit or debit card or other payment method entered by the User on his User Registration;

1.6.4 to remove any Lot from the Website, without notice to Sellers or Buyers and without giving reasons (and in particular any Lot that comprises or includes prohibited items listed online on our help pages. The list may be updated at any time and includes products or services that advertisement or sale of which would be illegal under Spanish legislation).

1.6.5 to contact it's registered users from time to time with news of new offers and other matters of potential interest to users.

1.7 Place of contract, governing law and jurisdiction. The Agreement shall be deemed to have been formed in Spain (regardless of the nationality of the User or the jurisdiction from which he accesses the Website), and shall be governed by the Spanish law. Users submit to the non-exclusive jurisdiction of the Spanish Courts in relation to all matters arising out of the Agreement.

2. Possession, title and condition of Lots

2.1 Sellers’ warranties. Every Seller is responsible for ensuring that he is in a position to sell a Lot before offering that Lot for sale. By offering a Lot for sale, the Seller warrants to us that the Lot is in his possession, that it is in the state described on the Website, and that he has good title and authority to sell it.

3. Formation of Sale Contracts

3.1 Standard Auctions. In relation to Standard Auctions:

3.1.1 if the highest bid exceeds the reserve price, the Seller is obliged to accept the highest bid;

3.1.2 bids are legally binding on Buyers once the auction is complete and may give rise to enforceable obligations under a Sale Contract without any further action on the part of the Buyer, the Seller or Sell It. Sell It will consider an application for bid retraction made in writing before auction close to AuctionMaster.  

3.2 Wanted Auctions. In relation to Wanted Auctions:

3.2.1 offers for sale by Sellers cannot be cancelled once placed, and may give rise to enforceable obligations under a Sale Contract without any further action on the part of the Seller or Sell It;

3.2.2 offers for sale may be accepted by the Buyer, at any time within 48 hours of the close of the auction period, in accordance with the terms of the Wanted Auction;

3.2.3 the Sale Contract becomes legally effective upon acceptance by the Buyer of a Seller’s offer for sale.

3.3 Notification of contact details. At conclusion of the auction, we will notify the Parties of the formation of the Sale Contract, and provide each of them with the other’s contact details.

3.4 Completion of Sale Contract. The Parties are responsible for completing the Sale Contract, including making arrangements between themselves to effect a speedy exchange of goods and payment. In particular:

3.4.1 it is the responsibility of the Seller to collect payment from the Buyer and to deliver the Lot in a timely manner; and

3.4.2 it is the responsibility of the Buyer to make payment and satisfy itself that the Lot conforms to its description.

For the avoidance of doubt, Sell It shall have no obligation to Users in respect of ensuring performance of a Sale Contract, other than to notify the relevant parties in accordance with section 3.3 above. Sell It cannot become involved in resolution of disputes between Parties, but will provide what relevant factual information it can to both Parties and to any outside agency appointed by either Party to resolve any dispute.

 4. Pricing and payments

4.1 Pricing of Lots

4.1.1 Tax. All prices listed by Sellers or bid by Buyers using the Website must be inclusive of all national and local taxes (including VAT or other sales taxes, if any) payable in respect of the Sale Contract. The Seller is responsible for payment of all such taxes.

4.1.2 Delivery charges. Delivery Charges are included or not in the pricing of Lots according to the indication in the Lot description.

4.2 Sell It’s Fees. Sell It charges a commission on each Sale Contract, calculated as a proportion of the sale price of the Lot, in accordance with the commission structure set out on the web pages. The commission is payable by the Seller on formation of the Sale Contract, and the Seller hereby authorises payment to Sell It of such commission by means of the credit or debit card or other payment method entered by the Seller on his User Registration.

5. Listing Policies and user conduct

5.1 The "selling" forms, the "wanted auction" forms, the Question&Answer forms and other online facilities are provided for the primary aim of facilitating a deal on Sell It’s web site. Any use of these facilities which encourages or enables a deal to be concluded "off-site" , or uses any other technique which circumvents Sell It's normal fee structure is not permitted. 5.2 Guidance on un-acceptable usage and conduct is provided on the website, but is not limited to the specific instances highlighted.

5.3 If Sell It determines that a user has breached these rules, For each instance of a breach of rules Sell It will issue an email to the relevant user.  Sell It also reserves the right to suspend or permanently revoke site access privileges to the user

6. Limitations and exclusions of liability

6.1 Sale Contracts. The Parties are responsible for completing any Sale Contract. Sell It shall not be liable for any loss arising out of Sale Contracts in respect of which either Party then fails to fulfil its obligations to the other.

6.2 Role of  Sell It.  Sell It acts solely as an intermediary between Sellers and Buyers. We are not able to give any warranty as to the quality, serviceability, legality or fitness for purpose of any Lot, or as to the Seller’s title and right to sell, and all such warranties are excluded to the fullest extent permitted by law.

6.3 Use of Website. Users shall indemnify and hold harmless Sell It and its management in respect of any loss or damage to persons or property incurred through use of the Website.

7. Personal data

7.1 Data Protection Act. Sell It is registered as a data controller under the Data Protection Act 1998, and undertakes to ensure that personal data transmitted to us as part of the registration process will be held securely, encrypted to industry standards, and subject to strictly controlled access.

7.2 Disclosure of personal data to third parties. Sell It does not pass on or market personal data to any third party, but may use aggregate statistical data stripped of any personal information to help develop and improve its service offering. Sell It does not and will not sell or otherwise distribute its User list to any third party.

7.3 Disclosure of personal data overseas. By registering as a User and participating in any auction (whether as a Buyer or Seller), each User acknowledges that Sell It may transfer personal data relating to him to any countries or territories outside the European Economic Area and hereby consents to such transfer in connection with the notification of contact details by Sell It under section 3.3 and otherwise in connection with fulfilment of any Sale Contract.