TERMS AND CONDITIONS
These Terms and Conditions govern the use of RESEAT’S websites, applications, products and services, as well as any listing for sale of and purchase of Consigned Items, as that term is defined below (the “Services”). By using and accessing the Services, you agree to be bound by and comply with these Terms and Conditions.
For the purposes of these Terms and Conditions, the term “Consignor” shall refer to and mean anyone utilizing RESEAT’S services to assist in the listing and selling of any office furniture, equipment or other items (collectively, the “Consigned Items”). The term “Buyer” shall refer to and mean anyone purchasing Consigned Items through RESEAT.
FOR CONSIGNORS: The following Terms shall apply to all Consignors utilizing RESEAT’S services:
1. Pricing and Payment
All Consigned Items are subject to RESEAT’s pricing policies, which are posted here and incorporated herein by reference: https://reseat.com/sell/. RESEAT offers three seller plans with three different levels of profit share depending on the level of service requested by Consignor. The price at which a Consigned Item will be offered for sale by RESEAT is set by Consignor; provided, however, that if a Consigned Item has not sold within six (6) months of the date on which it is first listed on the RESEAT website, RESEAT may remove such Consigned Item from its website, in RESEAT’S sole discretion. RESEAT also reserves the right to decline to list any Consigned Item on its website, for any reason, in RESEAT’s sole discretion.
In the event that RESEAT sells a consigned item, the Consignor shall be paid upon delivery and final approval of Buyer. Payments to Consignors are sent within 15 to 30 days after the buyer has received and accepted the item as a final sale. Seller may be responsible for additional charges if Seller changes the date of availability of a consigned item. If available products, product quantities, or delivery dates change after RESEAT has entered into a contract with a buyer, then Consignor may be liable for additional compensation or for finding replacement items, in RESEAT’s sole discretion.
2. Selling Policy
RESEAT requires exclusive selling rights to all items being stored by RESEAT. Any item being stored at by RESEAT is considered under contract. If Consignor or any outside party contracts to sell any of the items under contract, RESEAT shall receive a 50% commission of the maximum-selling price listed on the RESEAT selling prices page plus all applicable storage fees. All Consignors must be approved by RESEAT before posting any Consigned Items on the RESEAT website.
RESEAT reserves the right to refuse to sell any items that are broken or damages beyond repair; however, RESEAT may remove and dispose of such items, at Consignor’s request, for an additional fee.
3. Description of Items for Sale
It is the Consignor’s responsibility to provide RESEAT with an accurate depiction of all items for sale including brand, name and dimensions of each piece listed. In addition, RESEAT will require descriptive photographs of merchandise to be sold.
4. Reliance on Information
RESEAT may rely upon any notice, information, photograph or other document provided by, signed by or on behalf of the Consignor and shall have no duty to make any inquiry or investigation of the validity of the information contained therein.
5. Condition of Items for Sale
RESEAT may require minor repairs or refinishing prior to listing on RESEAT site for sale. However, we do require all upholstered items to have a light cleaning, and sometimes a deep cleaning depending on the condition, prior to listing on the RESEAT web site for sale. If any such maintenance is required, the Consignor may have the service done prior to delivery to RESEAT at Consignor’s expense. Alternatively, RESEAT can recommend a cleaning or refinishing service and make all arrangements for the necessary services to be rendered at the Consignor’s expense . RESEAT will not be held responsible for any perceived damage resulting from an attempt by a recommended service provider to improve the condition of the consigned items.
6. Inspection and Removal of Consigned Items
Consignor agrees to make the Consigned Items available for potential buyers to view in person by appointment. Consignor is responsible for disconnecting the power to any Consigned Items before they are scheduled to be removed. Consignor will hire an electrician to “safe off” the power j-box connection (in the floor, wall or ceiling) that provides power to workstations. Buyers will be given the option at checkout to call and pick up the Consigned Item or have it delivered to them. Buyer shall be responsible for shipping costs. Product listings will include a “date available” (earliest date on which Buyer may remove the item from Consignor’s premises) and “date to be removed” (latest date on which Buyer may remove the item from Consignor’s premises).
Voice and data cables require pulling prior to teardown and re-laying post-installation by others. All contents and computers are to be removed from all affected stations prior to teardown. All storage components (pedestals, file cabinets, overheads, etc.) are to be left unlocked with keys left available for installers. RESEAT reserves the right to charge Consignor for (i) any unforeseen damaged or altered parts and pieces, (ii) any unforeseen missing items such as power components, connectors, filler posts or light blocks, (iii) power poles or base feeds that may have been cut short when moving power entry location (recommended to be ordered new for all MACs), (iv) all new product requirements resulting from changes to the proposed floor plan during installation, and/or (v) all additional service costs associated with any of the foregoing.
7. Damages and Defects
The Consignor MUST divulge all damages and or defects (visible and invisible) to RESEAT and detail each instance of damage in the space provided on the Consignment Agreement. Supportive pictures must be provided to accompany all reports of visible damage or defect. RESEAT SHALL NOT BE RESPONSIBLE FOR ANY UNDISCLOSED HIDDEN DAMAGES AND FAILURE TO DISCLOSE DAMAGES MAY BE CAUSE FOR TERMINATION OF THIS AGREEMENT. If a Buyer refuses a piece of furniture due to notable inaccuracies in the contracted condition report, the Buyer will be refunded, and Consignor will be responsible for all return shipping charges .
8. Representations and Warranty by the Consignor
Consignor hereby warrants and represents that all information provided to RESEAT is true, accurate and complete.
9. Listing of Items
RESEAT reserves the right to display your listing(s) for items on other websites and/or social media platforms, including, but not limited to, Facebook, Twitter and Pinterest. You agree and acknowledge that RESEAT may use, distribute, republish, reproduce, modify and publicly display the content of your listing on RESEAT’S website and on other platforms and websites, for the purpose of providing Services to you and promoting the sale of your item(s).
10. Termination of Consignor’s Agreement
After an initial 60-day period, either RESEAT or the Consignor may terminate this contract. Notification of termination must be received in writing prior to the contract termination date. If notification has not been received prior to the contract termination date, the Consignor’s contract will automatically renew on a monthly basis until either party terminates the contract in writing.
FOR BUYERS : If you purchase any items from RESEAT’S retail location, pop up shops or website, you agree to the following:
RESEAT accepts cash (in store only) major credit cards, and checks (purchased items cannot be picked up or delivered until check has cleared) for the purchase of all items. You agree that RESEAT can charge your credit card automatically at the time of purchase. All prices are in US Dollars only. You further agree that if your charge is later declined or reversed for any reason, you shall be responsible to RESEAT for the full purchase price of the item, along with any fees, interest or other charges incurred by RESEAT in connection with the decline or reversal of the credit card charges. Such payment of the reversed or declined purchase price plus all fees and/or other charges shall be made within ten (10) business days of the written notification by RESEAT of the refusal of the charge, in cash or Cashier’s Check, only, delivered to RESEAT’s retail location.
RESEAT shall not be liable to you if a transaction is not completed due to any limits on the use of your credit card, debit card or electronic funds transfer due to your agreement with your financial institution or by applicable law, or if a financial institution fails to honor any credit or debit purchase.
A deposit of 50% of the total purchase price including all applicable taxes must accompany all orders. Balance is net 10 days.
2. Transportation of Purchased Items
The Buyer, or end user, is responsible for any delivery charges after consigned item has been purchased from RESEAT or the item’s location (if not stored or displayed at RESEAT) to the Buyer’s designated delivery location. While a RESEAT representative may recommend a delivery service and furnish an estimate of the charges, the Consignor and Buyer have the option of selecting their own insured and bonded delivery service. RESEAT is not responsible for any damage to consigned items during transit. It is the responsibility of the buyer to carefully inspect all delivered items upon delivery. Any discrepancies in condition of the purchased item must be noted by the delivery team prior to their departure from the delivery site. Should damages occur, RESEAT must be contacted immediately for follow up. RESEAT cannot be held responsible for any item that is damaged in transit if the BUYER has neglected to inspect and notify both the shipper AND RESEAT of said damages. Should a buyer select their own delivery or shipping service, RESEAT cannot be held responsible for any claims that may be filed against the company for damages.
If a buyer arranges pick up of a purchased item(s), the risk of damage transfers to the buyer or the delivery person or service arranged by the buyer as soon as the sold item has been lifted or moved from its original position/location within (or just outside) RESEAT premises. RESEAT does not have warehouse staff. Appropriate manpower and packaging materials must be provided by the buyer for all pickups. If a buyer requests the assistance of RESEAT staff to move or load a sold item, we will do our best accommodate the request. However, the risk of damage remains with the buyer during the move. RESEAT staff is not obligated to assist with moving sold items and will only do so if they feel it is safe for them and or the piece that is being moved.
3. Delivery and Installation
In the event that delivery and installation is required, the following services are included in these costs:
– All products will be cleaned (including both inside and outside of the pedestal/lateral drawers and overheads).
– All garbage, debris relating to the product packaging will be removed.
– Any warranty or completion issues relating to the order will be documented and forwarded to Buyer by our on-site installer.
Buyer shall be responsible for:
– Electrician for hardwire of top feeds or base feeds, voice, data, and associated labor costs.
– All paperwork to be signed by Buyer authorizing receipt of product at their facility. If there is additional service work requested by Buyer that is outside the scope of the project, an Additional Services Form will be completed by the installer and must be signed by an authorized representation of Buyer. Additional Services will be invoiced at RESEAT’s standard hourly rates. In the event that construction delays force postponement of the installation, RESEAT will accommodate storage of product if Buyer does not have adequate storage facilities. Quotes for storage/handling are available from Reseat.
4. Return of Purchased Items
Consistent with RESEAT’s return policy, which is posted hereand incorporated herein by reference, a Buyer has three days from the date of pickup or delivery in which to decide to return a purchased item for any reason. If the Buyer chooses to return an item, the Buyer is responsible for personal delivery or insured, return shipping charges to Consignor. All returned items must arrive in the same condition as they were in prior to sale in order to qualify for a refund. RESEAT will not accept damaged or altered merchandise. After the three-day return period, ALL SALES ARE FINAL, and all purchase prices are NON-REFUNDABLE.
5. Miscellaneous Terms
Listings. While we strive to provide accurate listing information on each item presented for sale, RESEAT does not guaranty that the listing is fully accurate regarding the condition of any item listed for sale and further cannot guaranty the authenticity of any item. RESEAT is not responsible for the accuracy of listing information provided by Consignors, has no obligation to independently vet the rights of any Consignor to sell any item, and is not responsible for the condition of the item upon delivery that differs in any way from the listing. You acknowledge that the items listed for sale by RESEAT are used and are being sold without any warranties of any kind.
Availability for Sale. Items for sale on RESEAT cannot be duplicated or replaced by RESEAT should they become unavailable for sale for any reason. RESEAT reserves the right to list items on its website for sale that are also displayed in its retail location for sale. From time to time, an item may still be listed as available for sale on the website after having been sold in our retail location. Should such an item become unavailable for sale while your online transaction is being processed, RESEAT shall refund any charges for purchase price made by you, and if requested, can assist you in locating a similar item for sale.
Further, if another purchaser places an online order for a particular item before you do, you may not be the successful purchaser of an item. In such a situation, where the order cannot be accepted by RESEAT because a previous order for that same item has already been accepted, RESEAT will advise you of the same and refund any charges of purchase price that may have been made.
While we at RESEAT strive to keep our site current and to remove any items from our site that have been purchased or withdrawn from sale by the Consignor, we cannot guaranty that all items featured on our website at any time are available for purchase at the time you visit the website.
TERMS APPLICABLE TO ALL PARTIES:
RESEAT is not responsible for the payment of any sales, use, personal property or other governmental tax or levy imposed on any item sold or purchased through the website or otherwise arising from a transaction, other than on RESEAT’S own income.
By utilizing RESEAT’S Services, you and all of your heirs, assigns, officers, directors, employees, and successors in interest, agree to hold harmless, relieve, indemnify and discharge RESEAT and it’s officers, directors, employees, assign and successors in interest from any and all liability, including reasonable attorneys’ fees and costs, for any loss and/or injury and/or damages to any person and/or property that may be sustained arising out of the use of RESEAT’S website, Services and/or the purchase or sale of any items, and any breach by you of these Terms and Conditions.
3. Trademarks and Intellectual Property
All Buyers, Consignors and users of the RESEAT website acknowledge and agree that RESEAT’S names, trademarks, graphics, logos, slogans and service names utilized in the store and/or on the website are the exclusive property of RESEAT and shall not be used without express written permission by RESEAT. You further acknowledge and agree that the content of the website and all information contained therein is the property of RESEAT, protected by copyright, and cannot be copied or reproduced in any way without the express, written permission of RESEAT. You agree not to store, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on RESEAT’S website for any commercial purposes.
We follow reasonable standards to protect all information submitted through the RESEAT website and to our retail location, both during transmission and after receipt. No method of transmission via the internet is completely secure, and although we use commercially acceptable methods to protect all personal information, we cannot and do not guaranty its security.
5. Errors and Delays
RESEAT is not responsible for any errors or delays in responding to a request for information, purchase order or any other communication caused by an incorrect e-mail address provided by you and is not responsible for any delays caused by any other technical difficulties.
6. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE RESEAT WEBISTE ARE PROVIDED ON AN “ AS IS ” AND “ AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, RESEAT (A) MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES AND (B) HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE RESEAT WEBSITE OR IN CORRESPONDENCE WITH RESEAT OR ITS AGENTS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE HANDLING, STORAGE, AND USE OF ANY PRODUCTS PURCHASED BY YOU VIA THE RESEAT WEBSITE.
7. Limitation of Liability
IN NO EVENT SHALL RESEAT BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO: (A) ANY BREACH OF THIS AGREEMENT; (B) THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE RESEAT WEBSITE; (C) YOUR PROVISION OF INFORMATION VIA THE RESEAT WEBSITE; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE RESEAT WEBSITE; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE RESEAT WEBSITE; OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF RESEAT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE RESEAT WEBSITE EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).
By accessing RESEAT’S website, you agree that such use shall be governed by the laws of the State of California, regardless of any conflict of laws and that any dispute between you and RESEAT, whether arising out of your use or access of the website, or the sale or purchase of any items, shall be adjudicated within the Superior Court of the State of California. You hereby explicitly agree to the jurisdiction of the courts of the State of California and venue therein.
9. Site Modification
RESEAT reserves the right to modify these Terms and Conditions, our policies and/or the content of our website at any time, for any reason, without specific notice to you. You agree that it is your responsibility to review these Terms and Conditions each time you visit the website. Once posted on the website, revised Terms and Conditions become effective twenty-four (24) hours after posting.
If any of these Terms and Conditions shall be deemed void or unenforceable, that term shall be deemed severed from the remaining Terms and Conditions and shall have no effect on the validity and enforceability of any other terms.
Headings contained herein are for reference purposes only and have no effect on the content herein.
12. No Waiver
A failure to act by RESEAT with respect to an act by you or others of any breach of these Terms and Conditions shall not be deemed a waiver of any subsequent breach or similar breach of these Terms and Conditions.