Seller Terms

Usuals provides an Online Marketplace where you can sell your special objects to Buyers worldwide. It is very important to us that our Online Marketplace is safe and reliable for both Buyers and Sellers, which is why we have implemented some important rules for selling on Usuals (the ‘Seller Terms’).

These Seller Terms also describe and set out certain rights and obligations under the Contracts of Sale you directly enter into with Buyers of your items. By agreeing to these Seller Terms, you agree in advance that the aforementioned rights and obligations are part of each Contract of Sale and that you will be bound by these terms towards your contractual counterparty. Consequently, such terms can be invoked against you and/or by you as part of the Contract of Sale. Such terms will supersede any terms in the Contract of Sale that are incompatible with them. In our Buyer Terms, you can find certain rights and obligations of Buyers under the Contract of Sale.

The capitalised terms used but not defined in this document have the meaning assigned to them in our Terms of Use. 

Article 1: Registering as a Seller

Before being able to offer up items for our Online Auctions, you will need to register as a seller:

• You will need to create a Seller Account. When registering as a Seller, you are obliged to truthfully state whether you are registering as a private individual or in a professional capacity, in line with our Professional Seller Policy (as amended from time to time). If you use our Online Marketplace to sell items in connection with your trade, business, craft, or professional activity (as a ‘Professional Seller’), or if we decide that you meet the criteria to be considered a Professional Seller, you must register as a Professional Seller and a ‘Pro’ icon will appear next to your username on the item detail page of the items you offer.
• We may ask you to further identify yourself. To sell on our Online Marketplace, we may ask you to provide additional identification information. For instance, you may be asked to provide a copy of your ID, your bank account number, date of birth and, if applicable, Chamber of Commerce and VAT identification number, in line with our Privacy Policy. Our payment service provider may also need this information before you will be able to sell or receive payments. You understand and agree that any refusal to provide requested information shall be a ground for refusal for Usuals to provide any Services.
• We charge a fee for your use of our Services. The seller commission is 20% (twenty percent) of the Purchase Price (‘Seller Commission’), which will be deducted from the pay-out of the Purchase Price. If applicable, the Seller Commission will be increased by GST, taxes (such as withholding taxes), customs, duties, and levies that may be due. We also provide services and charge a fee to the Buyer. By accepting these Seller Terms, you explicitly consent to us charging a fee to both Seller and Buyer for the same transaction. For more details please see our Terms of Use and the Buyer Terms.
• Sellers are exclusively responsible for the items they offer for sale. Our experts determine the admissibility of the item on our Online Marketplace solely on the basis of an online review of the description, photos and/or videos of the items that are provided by Sellers. The Seller is the party that offers a item for sale, not Usuals, and the Seller remains responsible for the compliance with our submission and quality guidelines, the conformity, quality, safety, lawfulness, provenance and authenticity of the items they offer for sale and for the correctness, accuracy and completeness of the item descriptions and photographs. Usuals plays only a facilitating and supporting role by offering an Online Marketplace and supplementary pre-sales and after sales services.  
• Selling professionally. If you are using our Online Marketplace as a Professional Seller, you are obliged to comply with all laws and regulations that apply to selling as a Professional Seller, register in the correct capacity, and provide all required information when registering.
  • We expect you to fulfil your GST obligations. To be treated as a Professional Seller for VAT purposes, you are obliged to provide us with a valid VAT identification number. If you are based outside the EU and you do not have a VAT identification number, you must provide alternative proof, to the satisfaction of Usuals, that you are using our Online Marketplace in a professional capacity (e.g. to carry out a trade, business, craft, or other professional activity). You acknowledge that you will be designated as a Professional Seller for all use through that Account. Your account needs to be up to date, with details of your registered address, your VAT identification number, and any location from which you ship your items. If Usuals determines that, or receives information showing that you are not meeting your VAT obligations, or if you provide incorrect information which does not permit Usuals to collect VAT correctly in cases where Usuals is obliged to collect VAT, your Account may be blocked from selling and your active listings may be removed.
  • We expect you to comply with our Professional Seller Policy. To help you determine whether you qualify as a Professional Seller, please consult our Professional Seller Policy and make sure that your Seller status is always in line with the guidance given there. You acknowledge that if you falsely identify as a private seller on our Online Marketplace at any given time, Usuals may be held liable for misrepresented VAT (and potential penalties) by tax authorities. You will fully indemnify and hold us harmless against such claims as well as related costs and damages. Please read our Professional Seller Policy for more information.

If you are not registered as a Professional Seller but we have reasonable cause to believe you are using our Online Marketplace in a professional capacity, we are entitled to consider and treat you as a Professional Seller for all future sales with the relevant account and may intervene by updating your seller status in your account. This means amongst other things that you will have to adhere to the EU right of withdrawal. 

Article 2: Offering up items for auction

Make sure you are aware of the following when offering up items for sale in our Online Auctions. Make sure you’re aware of the following:

• We will determine the suitability of your item. We will decide which items are suitable to be sold on our Online Marketplace. We make this decision at our own discretion and take into account such factors as the attractiveness, rareness, possible selling price of, and expected demand for the item in question. We may refuse items without stating a reason (even if a similar item has been or currently is in an active Online Auction). Please review our Submission Guidelines to check the kinds of items we do and do not accept. Regardless of Usuals’s admission of the item, you accept that you remain exclusively and ultimately responsible for the (conformity of the) item and its description as set out in more detail in these Seller Terms.
• We require a correct, clear and comprehensive description of your item. When you submit items, you must provide clear and comprehensible information about the item. This information must include, but is not limited to, the following materials and information:
  • A correct, complete, and accurate description of the item;
  • Information about the condition and classification of the item, including whether or not it is considered a margin scheme good in the context of the applicable VAT legislation;
  • Information about the country of origin of the item, including whether the item is still in its country of origin and, where relevant, when the item has left its country of origin.
  • Clear photographs that accurately represent the true, current state (including any defects or deficiencies), features, and other particulars of the item;
  • All available information and documentation regarding the provenance and authenticity of the item and, where applicable, a certificate of authenticity;
  • The Reserve Price, if applicable (the option to set a Reserve Price will depend on the value of the item);
  • An indication of the actual shipping costs or duties (if applicable);
  • Any other conditions related to the offer.
• You are responsible for a correct item description. The responsibility for a correct item description remains with you, also if we propose or make changes and/or additions to the description of the item. You agree that we have the right to do this, for example, to ensure comprehensive information about the item is secured. We will confirm your item description and you can access and view all your items and descriptions in the seller centre in your Account before the Online Auction starts, including any changes or additions we have made. You guarantee that the final description used describes the item accurately and agree that we may assume that you agree to any changes and/or additions we made before publication. Any and all liability towards any third party, including the Buyer, arising out of or related to an incorrect, incomplete, or inaccurate item description (including photos and/or videos) will rest solely with you and you will fully indemnify and hold Usuals harmless against any claims, damages and costs, including attorney costs, arising out of or related to such incorrectness, incompleteness or inaccuracy. 
• You are responsible that the item being in conformity with the description. You guarantee that each item you offer up for auction is in conformity with the item description, photographs and any other materials that were uploaded and that each item conforms to the reasonable expectations a Buyer may have of such an item.
• You are responsible for your performance under the Contract of Sale. You guarantee that any conditions related to your offer are not contradictory to the Contract of Sale and Terms of Use. In case you have the possibility to upload additional terms and conditions to the standard Contract of Sale, you are obliged to carefully review whether any of your conditions are contradictory to the Terms of Use. In addition, you should pay specific attention to ensure (i) your conditions align with the conditions for the Contract of Sale as set out in the Terms of Use; and (ii) your conditions are in line with all applicable laws, including consumer laws.  
• You guarantee that you are entitled and authorized to sell the item. By offering and selling an item, you guarantee that you are not and will not be  (i) violating any laws or regulations, including any economic sanctions laws and regulations applicable to you and to Usuals, (ii) infringing on any rights of third parties, including contractual rights and (intellectual) property rights, (iii) acting in a way that is fraudulent in general or (iv) acting in a way that is unlawful and/or fraudulent towards third parties or Usuals. You also guarantee that the offering and selling of the item is a genuine and authentic transaction. More specifically, you guarantee that you are not offering the item as part of a fake transaction, enabling the Buyer, yourself, and/or third parties to transfer an amount and launder the money involved.
• Conformity with import and export control laws and regulations. You are responsible for ensuring that the item is in compliance with all import and export control laws and regulations. If required, you will obtain import/export approvals and licenses required for the sale of the item and you will provide documentation evidencing compliance with those laws and regulations. Usuals will not be liable for Seller’s failure to a) provide an export license; b) any subsequent interpretation of applicable import, export or law or regulation or; c) delays and/or cancellations due to the inaccuracy of the applicable import or export laws and regulations.
• Withdrawal of items before or during the Online Auction. You may withdraw items up until the items are published on our Online Marketplace and are visible to other Users. After that time, you won’t be able to change the conditions attached to the offer or withdraw the item. If the Online Auction has commenced and, after careful consideration, we decide to (i) amend the item description or remove any photos in case of a clerical error or (ii) remove your item from an Online Auction (always only in accordance with these Terms of Use), you will be fully liable for any damages that may result from this and you will indemnify us for all claims from a third party (including a Buyer), costs and fees Usuals suffers or incurs as a result of the removal of your item from an Online Auction. If you want us to remove an item after it has been published on the Online Auction, you will need to provide us with documents, files, or other forms of proof giving the reason why it should be removed. You will need to provide the relevant proof upon our first request. If we decide that the proof is sufficient, we will consult with bidders and may, at our own discretion, remove the item from the auction.
• Ranking of items by our Experts. Our experts determine the ranking of the items as shown on our Online Marketplace based on their expertise and certain criteria.

Article 3: Items in Auction

Once we’ve accepted your item and have put it in the auction, other Users can place bids on it. By selling on our Online Marketplace, you agree with the following rules:

• The Buyer and the Seller of an item enter into a Contract of Sale. At the end of an Online Auction, you’ll automatically enter into a Contract of Sale with the highest bidder (the Buyer) of the item. This won’t be the case if you have set a Reserve Price and the highest Bid is lower than the Reserve Price. 
• We do not allow shill bidding. You are not allowed to bid on your own items or the items of someone related to you. You are also not allowed to have someone related to you bid on your items or to instruct someone to bid on your items. We call this shill bidding.
• Items you offer on our Online Marketplace will be exclusively offered here. You will not offer items through other sales channels while they are offered on our Online Marketplace. You will remove items from other websites, including online platforms, and your own or others’ (web) shops if they are in one of our auctions. This restriction is necessary, because selling an item through another sales channel while it is in one of our Online Auctions would mean that you will then be unable to perform your delivery obligation under the Contract of Sale. Usuals and the Buyer need to be able to trust that you will always perform your obligations under the Contract of Sale.
• Obligation to pay commission. Sellers are also responsible for paying the commission to Usuals if they offer or reference their contact information, or ask for a buyer’s contact information, in the context of buying for selling outside of Usuals, even if the item does not sell on Usuals.
• Ranking of items in search results. The placement and ranking of items in search results on our Online Marketplace may vary and depends on a variety of factors, such as the Online Auction name, category name, specifics of the item, title, and subtitle of the item, description of the item, and (auto) translations of any of the search parameters.

Article 4: Delivery or pickup of items

Once your item has been sold, we’ll ask the Buyer to pay the Purchase Price, the shipping costs (if any), and the Auction Fee. As soon as the Buyer has paid in full, we’ll let you know so you can deliver the item to the Buyer or arrange pickup. The shipping details in the item description determine whether you must ship the item(s) to the address associated with the Buyer’s account, or if the Buyer will collect the item from you.

• The item must be shipped or transported within three (3) business days as of the date of payment. Unless you’ve arranged that the Buyer will pick up the item, you’ll need to carefully package it and send it within three (3) business days of receiving confirmation of payment from us. You are responsible for properly sending the item to the Buyer and will be liable for any damages that may arise in consequence of a faulty shipment.  If you choose to make use of any shipping services offered or recommended via our Online Marketplace, you should consult the terms and conditions offered by the relevant provider. You agree that we can never be held liable for the shipping services offered or recommended via our Online Marketplace The specified delivery time shall never be regarded as a statutory limit.
• Your item must be shipped with a valid Track & Trace. We strongly recommend using registered and/or insured shipping appropriate to the value of your item, as you will bear the risk of damage to and/or loss of your items during shipping until delivery.
• Your item must be shipped from the address stated in your Account. You are obliged to ship the item from the address stated in your Account. If you ship the item from a different address, you will need to cover any costs that would not have been charged if the item had been shipped from the address stated in your Account (such as, but not limited to, import taxes and levies). 
• We do not allow drop shipping. You may not drop ship an item. You may not transfer the shipment of the item to a third party such as the manufacturer, a wholesaler, a retailer, or a fulfillment house, which then ships the item directly to the Buyer. 
• Shipping from and to unsupported countries. You may not sell and/or ship items from or to countries that are not on the list of supported countries (Note: We only support selling or buying from India). If you ship an item from an unsupported country, you are in default and you forfeit the right to receive payment of the Purchase Price. You may not use a shipping company or other third party that would result in or cause a violation of any law applicable to any of the parties, including any economic sanctions laws and regulations applicable to Usuals.
• We ask you to liaise with the Buyer if there are shipping issues. If the item is delayed, lost and/or damaged during shipping, and you are not able to reach a solution with the Buyer, you will request and cooperate in an investigation by the shipping company. A running investigation does not prejudice our right to decide whether the Purchase Price will be refunded to the Buyer or paid to you under article 14 of the Terms of Use.
• Excess shipping fees must be refunded to the Buyer. If the shipping costs are less than the amount indicated in the Online Auction, you’ll need to refund to the Buyer any excess shipping costs the Buyer has paid.
• Penalty in case of non-delivery. Should you fail to make delivery of the item, Usuals has the right, except in case of force majeure on your side, to impose an immediately due and payable penalty on you of at maximum 25% of the Purchase Price. This penalty does not prejudice our right to claim damages.

Article 5: Payment of items

You will receive the Purchase Price (with the Seller’s Commission deducted) after (i) the Buyer has paid the Purchase Price, the shipping costs (if any), and the Auction Fee, and (ii) we have confirmed based on a Track & Trace or other form of confirmation that the Buyer has picked up the item or the Buyer has received their purchase. 

• We may withhold payment. We may suspend your payment if the Buyer has given notice of a dispute caused by, for example, an alleged damage or non-conformity of the item.
• Exchange rates may apply. We will set the exchange rate for each item at the rate that is applicable at the start of the Online Auction. Even if the exchange rate changes during the Online Auction, the exchange rate we apply will remain the one that has been fixed at the start of the auction. You accept that you may be paid a lower (or higher) Purchase Price in your own currency than if we’d used the exchange rate applicable at the end of the Online Auction or when the Purchase Price was paid. We may also round the Purchase Price off to the nearest whole currency unit before we pay you.
• We may cancel transactions if the Buyer doesn’t pay. If the Buyer doesn’t pay in accordance with their obligations under the Buyer Terms, we may send them payment reminders. If the Buyer does not pay within the set time, regardless whether Usuals has sent payment reminders, you agree and acknowledge that we may cancel the transaction. Cancellation of the transaction is not the same as a dissolution of the Contract of Sale. Cancellation of the transaction means that the facilitating role of Usuals in the conclusion and/or performance of the Contract comes to an immediate and irrevocable end. Once we have cancelled the transaction, you can decide to either re-offer the item or liaise directly with the Buyer to enforce your rights under the Contract of Sale. You agree that we can never be held liable for any non-payment or late payment by any Buyer under the Contract of Sale or for our cancellation of a transaction. 
• Payments are governed by the terms of our payment service providers. We work with payment service providers to handle all payments in a safe and secure manner. Payment processing services on our Online Marketplace are provided by our payment service providers including but not limited to Stripe and Payoneer, depending on which country you’re in. These payment processing services are subject to the respective terms of our payment service providers. For Stripe, the services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the ‘Stripe Services Agreement’). For payments processed by Payoneer, the services are subject to the Payoneer Term & Conditions. By selling on Usuals, you agree to be bound by these relevant terms, which may be modified from time to time. Receiving payment may depend on you filling in all the details required by the relevant payment service providers, such as your date of birth and, if you’re a Professional Seller, a company registration number. If the payment provider blocks a payment in accordance with their applicable terms, we are entitled to cancel the transaction in our system and, to the extent permitted by applicable law, including economic sanctions laws and regulations applicable to Usuals, refund the Buyer. We can’t be held liable or responsible for any damages related to such cancellation or for any failure by a payment service provider to duly and timely provide payment services.
• We reserve the right not to pay you. If you have not acted in accordance with our Terms of Use (e.g. you shipped an item from an unsupported country or you haven’t provided our payment service provider with the requested identification information), we reserve the right not to pay you for the relevant item. In these cases, you agree and acknowledge that you will forfeit any claims you might have against us for such payments.
• No violation of law. You may not use a financial institution or other third party that would result in or cause a violation of law applicable to any of the parties, including any economic sanctions laws and regulations applicable to Usuals.

Article 6: Failure to fulfil your obligations towards the Buyer

If you fail to fulfill your obligations towards the Buyer under the Contract of Sale, you will be in default and the Buyer will be entitled to dissolve the Contract of Sale. We may send you a notice of default and a notice of dissolution on behalf of the Buyer, but we are not obliged to do so. In case of dissolution of the Contract of Sale you will compensate the Buyer‘s damages, without prejudice to any other rights of the Buyer. This includes reimbursing the Buyer for any Purchase Price you have already received from them. We will not be responsible for this reimbursement. All liability in relation to your obligations towards the Buyer will ultimately lie solely with you. This includes but is not limited to, the obligation to deliver items in conformity with the provided item description and photographs.

Article 7: Failure to fulfil your obligations towards Usuals

If you fail to fulfil your obligations towards Usuals under the Terms of Use, we may decide to cancel the transaction of the relevant item. This cancellation is not the same as a dissolution of the Contract of Sale and the Buyer is free to obtain his rights under the Contract of Sale with you directly. If we cancel the transaction, we can hold you liable for any and all damages and costs we sustain and/or incur as a result of the cancellation. This means you will still owe us the Seller commission in addition to any other damages. You will also be liable for the amount of the Auction Fee that we missed out on due to the cancellation. 

Consequences of your failure to comply with our Terms of Use

In addition to the provisions of article 9 of our Terms of Use, (i) to comply with applicable law (including any economic sanctions laws and regulations applicable to Usuals) or if (ii) you have breached our Terms of Use, (iii) you have repeatedly received poor ratings or we are made aware of issues with your conduct or behaviour, or (iv) we believe in good faith that they are necessary to protect our Online Marketplace, other Users, or it is in the general (public) interest (for example  (v) to prevent fraud or other illegal activities), we may take one or several of the following measures:

• Temporarily or permanently limit your access to our Online Marketplace or your authorisation to sell and/or bid on items;
• Temporarily or permanently revoke any special status associated with your Account and/or immediately terminate any commercial contracts which were concluded with you;
• Temporarily or permanently limit your access to your Account;
• If you (i) have not provided accurate bank, contact, or identification details upon our first request within a reasonable period, (ii) have been flagged by our payment service provider(s), or (iii) have not passed any PEP or sanctions list checks,  or (iv) or (v) Usuals determines or is otherwise directed by any competent authority that it would be prohibited or sanctionable under any economic sanctions laws and regulations applicable to Usuals to perform any Services to you, you will be in default and (a) any payment (including a refund) may be withheld or (b) you will forfeit the right to receive payment (including a refund)), in addition to, and notwithstanding Usuals’s right to take any other measures mentioned in this Article 7;
• If a Buyer pays for an item via credit card and, due to your failure to comply with your obligations under these Seller Terms, files a successful chargeback, we are allowed to (i) block your Account, (ii) set-off or take recourse to any claims we have towards you, to satisfy the chargeback and any other costs involved (iii) block any future payments to you, and (iv) initiate legal proceedings against you.

If one or more of these measures are taken, we will inform you via email (on your most recently verified email address), stating the reason why this/these measure(s) was taken. In our Help Centre, you can find more information on the grounds on which we can restrict, suspend or terminate access to your Account.

 In case we decide to permanently limit your access to your Account (i.e. terminate your Account), we shall try to inform you of the reasons thereof 30 (thirty) days before we terminate your Account. This 30 (thirty) day notice period shall not apply if:

•  We are subject to a legal or regulatory obligation that requires us to terminate the whole of our Services to you;
• We exercise a right of termination under an imperative reason pursuant to European and/or national law;
• You have repeatedly infringed our Terms of Use.
• You have made a sales agreement with a User outside the Online Marketplace of Usuals, with the aim of avoiding commission or Auction Fees.

The above does not in any way prevent us from initiating legal proceedings against you.

If your Account is terminated or access to your Account is suspended while you still have certain obligations towards another User under a Contract of Sale, we are entitled to cancel the open transactions. If you have outstanding payments due to you, you’ll receive the relevant amount minus the amount of damages we incurred from your failure to act in accordance with our Terms of Use,  to the extent permitted by applicable law, including any applicable economic sanctions laws and regulation.

We are also allowed to impose an immediate payable penalty of ₹10,000 (ten thousand rupees) for every violation of our Terms of Use, including these Seller Terms, without prejudice to our right to recover the actual damages. We try to give a warning before imposing this fine. However, for a severe infringement, we will not give notice before imposing this fine. The penalty will increase by 10% (ten percent) for each subsequent violation of our Terms of Use. If possible, we will set-off or take recourse to any payouts (including payouts from Buyers to you) to settle this penalty in accordance with our Terms of Use. 

Article 8: Internal communication

• With Buyers. You can use our internal messaging system to communicate directly with Buyers. This system is a great way to arrange the delivery or pickup of a item or answer any questions Buyers may have. You will not use this system for the following activities:
  1. Sending unsolicited advertising or promotions, requests for donations, or spam;
  2. Insulting, harassing, or discriminating against other Users;
  3. Making a sales agreement with a User outside the Online Marketplace of Usuals, with the aim of avoiding commission or Auction Fees. 

In case you want to reply to feedback given by a Buyer, please note that our Feedback Policy applies to any reaction you want to give. Make sure you have read it before replying.

• With us (Customer Experience). If you are experiencing technical issues with our Online Marketplace or are not satisfied with our Services in any way, our experienced, international Customer Experience teams are on-hand to assist you in any way possible. We will use reasonable effort to get back to you in a timely manner upon receipt of your questions or complaints and, where possible, we will provide you with a solution.
• With us (mediation) – exclusively for Professional Sellers. Even though we’d like to solve any issues you have with us ourselves, we want you to know that when you are a Professional Seller, you can also submit a complaint to an authority for extrajudicial dispute resolution via mediation. We are willing to engage either the (i) Centre for Effective Dispute Resolution (CEDR) or (ii) e-POM for any disputes that we were not able to resolve via our internal complaint system (see their respective websites for more information).

Article 9: Disputes with other Users

We expect Users to resolve any dispute between themselves. Usuals will render reasonable efforts to mediate between you and the Buyer. In order to safeguard our rights and obligations under the Terms of Use, any complaints and disputes between you and the Buyer must be reported to us as soon as possible after the relevant issue has arisen.

Reach out to the Buyer: Go to My Account section and click on ‘Order Details’ to display the order page for that sale. You can then click on the ‘Send Message’ link to message the Buyer.

Reach out to Usuals: contact one of our Customer Support teams by sending us an email via the contact form available in the relevant help centre article. 

If no satisfactory solution can be found, even with our support, we will act in accordance with Article 14 of our Terms of Use. This includes our right to take a decision to refund a Buyer or to pay-out the Seller. However, you are free at all times to obtain your rights under or discuss your claim(s) related to the Contract of Sale with the Buyer directly.

Article 10: Usuals audit

To ensure our Online Marketplace remains safe and secure for all Users, we may, at our sole discretion, decide to physically audit the quality of (some) items. In the context of such an audit, we can (i) directly or indirectly purchase items from you via our own Online Auction or (ii) visit your offline premises to inspect the items in person. Based on such an audit, we may take at our sole discretion, appropriate measures, including cancelling the transaction (for example when your item doesn’t meet our quality standards or doesn’t comply with our Submission Guidelines). However, the responsibility to supply items that meet the item description will always lie with you when offering an item on our Online Marketplace. We cannot be held liable for the selection, description, conformity, or quality of any item, regardless of whether it has been subject to an audit. 

Article 11: Data

In our Privacy Policy you can find which data we process, how and why we process it, and what your rights are. However, it might also be relevant for you to know which data generated by our Services is available to you as a Seller. You can find this information in your Account. In our Help Centre you will find the most frequently asked questions about data accessibility for Sellers.