Effective as of November 28, 2020
For purposes of this agreement, The “Company” refers to Shamchupp Inc., a company incorporated under the laws of New York State. The “Site” refers to the website which can be accessed at domain name SUNO.SPACE, and operated, supported and promoted by the Company. “Service” refers to the services accessed via the Site and provided by The Company, see section B. About the service below for more information. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. By accessing or using the Service, you signify your agreement to these Consignment Terms. If you do not agree to be bound by these Consignment Terms in their entirety, you may not access or use the Service.
These Consignment Terms create a contract between You and The Company (the "Agreement").
B. Consignment Services
The Consignment Service consists of selling books ("Consigned Books") that we have collected from You (collectively, the "Property") on a consignment basis. This means that You, not The Company, will still own the Property, even after you transfer physical possession of the Property to The Company.
Upon receipt, The Company inspects Consigned Books that we have collected from You in order to list your Accepted Consigned Books for sale through our Site or any other channels. After your Consigned Books have been processed,The Company will inform you whether any of your Consigned Books have been accepted for sale on our Site or any other channels. The Company reserves the right to purchase your Consigned Books before they are listed.
C. Acceptance Conditions
The Company only accepts Consigned Books that meet our strict acceptance standards. We may reject an Consigned Book for any reason. Each Consigned Book will be evaluated to determine, in our sole discretion, whether the Consigned Book: (a) is in very good, good, or acceptable condition; (b) have an ISBN; (c) is a children’s book; (d) is authentic; and (e) for which the representations and warranties you make in the "Your Representations, Warranties, and Indemnification" section I below are true.
Book Conditions Guide (including but not limited to):
- All pages present.
- May show marks on the page or covers but has good reading.
- May show slight wear at edges of the book or dust jacket but no detached cover/binding.
- May have minor defects but has no major stains.
D. Unaccepted Consigned Books
After inspection made by The Company the Consigned Books don't meet our acceptance criteria, you may choose to (a) return unaccepted Consigned Books for an additional fee or (b) to recycle unaccepted Consigned Books by The Company. In that case, the unaccepted Consigned Books become the Property of The Company and will not be returned. You can not claim any compensation for such unaccepted Consigned Books.
E. Consignment Period and Reclaiming accepted Consigned Books unsold or Return of Property
After The Company accepts Consigned Books, the "Consignment Period" for each Consigned Books of Property begins on the date The Company lists on our Site or any other channels the Consigned Books for consignment and ends 210 days (30 weeks) thereafter. You may reclaim an accepted Consigned Books unsold during the final seven days of the Consignment Period. If you do not reclaim an accepted Consigned Books unsold, the Consigned Books becomes Property of The Company.
- (a) If you reclaim an accepted Consigned Books unsold, The Company will return the Consigned Books unsold within 30 days. The Company will charge you the costs of return and, in such case, such costs shall be deducted from your pending Payout. If you do not have enough pending Payout available to cover the costs of return, The Company shall have no obligation to return the Consigned Books to you unless and until you pay The Company the costs of return prior to the delivery.
- (b) If an Consigned Books remains unsold at the end of the Consignment Period, the Consigned Books becomes Property of The Company. You can not claim any compensation for such accepted Consigned Books unsold.
- (c) If The Company reclaim the Return of Property. The Company will return the Consigned Books unsold within 30 days. The Company will charge you the costs of return and, in such case, such costs shall be deducted from your pending Payout. If you do not have enough pending Payout available to cover the costs of return, The Company shall have no obligation to return the Consigned Books to you unless and until you pay The Company the costs of return prior to the delivery.
F - Title to Property
You will continue to own and have title to each Consigned Book that we have accepted until it is sold. An accepted Consigned Book will be considered sold when:
- (a) an Consigned Book is sold by The Company to a buyer and not returned to The Company within the then-current return window,
- (b) The Company buys your Consigned Book and
- (c) it is lost, stolen, damaged, or destroyed while in The Company's possession.
G - Payouts
Once your Consigned Book is sold and the buyer keeps the Consigned Book beyond the eligible return period, you’ll be able to claim your Payout in your account. Your Payout will be based on the final selling price, excluding the delivery fee and tax fee. You may cash out as soon as the 7-day return window has passed. However, if the Consigned Book is returned, your Consignment Period will start where it left off so that your Consigned Book has more time to sell, and you will be paid out as soon as the Consigned Book sells for the second time. Payout calculations may be subject to change from time to time without notice. Learn more here. The timing of processing and delivering Payout payments will vary by the payment method you select but will typically take at least two business days.
H - Payout and other disputes
If there is a dispute between you and The Company, The Company will have no obligation to pay any payout or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. The Company may withhold any payout earnings due to you (including any due for sold Consigned Books of Property not subject to the dispute) in full or partial satisfaction of any amounts you owe to The Company.
H - Payout and other disputes
The Company may 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 Reclaiming accepted Consigned Books unsold or Return to the Property" at Section E, will apply.
J - Disclaimer of warranties; Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE COMPANYS SERVICES IS AT YOUR SOLE RISK. THE COMPANYS CONSIGNMENT AND OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY 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 COMPANY MAKES NO WARRANTY THAT (A) THE COMPANYS SERVICES WILL MEET YOUR REQUIREMENTS OR (B) THE COMPANYS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE COMPANY OR THROUGH OR FROM THE SITE OR THE COMPANYS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE COMPANY 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE COMPANYS 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 COMPANYS SERVICES OR THIS AGREEMENT. IN NO EVENT WILL THE COMPANY'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 COMPANY'S BUSINESS, AND THE COMPANY 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.
J - Disclaimer of warranties; Limitation of liability
You hereby represent and warrant that (a) you have good and marketable title to each Consigned Book 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.