Last Updated: 22nd February 2024
1. This policy sets out the terms and conditions for users of our 'Selling With Us' and TT Exchange services.
2. This service is operated by Trilogy Toys. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Trilogy Toys.
3. Where these terms and conditions uses terms such as "you", "your" and "seller" they refer to the individual (and/or entity) using the service to sell their own products via our website and other associated platforms of our choice.
4. Where these terms and conditions use terms such as "platform", "website" and "service(s)" this refers to our selling business model and uses our own website, social media & any other platforms at our discretion.
5. We act as an agent for individuals (and/or entity) wishing to sell their products through our platform.
LEGAL
6. You must ensure that you are legally entitled to sell the items using our service.
7. We reserve the right to refuse all or any part of our service if we suspect that items may be counterfeit, obtained illegally or for any other reason where we feel that the seller may not be legally entitled to sell them.
8. Should the need arise, we reserve the right (and will actively) to pass on any information we hold about you, items, communication & any other personal/identifying data we hold to law enforcement agencies including (but not limited to) the Police, Action Fraud & civil law enforcement partners.
OUR SELLING SERVICE
9. We will always strive to obtain the very best prices for our sellers and as part of this process, we will (unless specified otherwise by you) provide you with an 'appraisal' of your items and what we 'estimate' the item(s) may sell for using our platform. We aim to carry out appraisals within 7 days of receiving the items, but this may take longer during busy periods.
10. On appraisal, estimates provided to you either in writing or verbally are to be treated as such. These are estimates and we reserve the right to amend these at any time and use our judgement when selling your items to accept any reasonable offer.
11. We reserve the right to refuse to sell any (or all) of your items. We will, where practically possible, provide a reason for this.
12. We will retain a fee (normally 25%) of the final sale price (less any applicable selling fees) upon successful sale of your item. This is called our commission. We may change our commission amount if we feel that there is more work required to make a successful sale. We will communicate and agree this with you, in writing, prior to listing the item.
13. We refer to the balance of this amount (Final Sale price, less fees (if applicable), less our commission) as your payout.
13. We will confirm the commission rate of each (or all) of your products upon appraisal. Upon acceptance of this policy, this cannot be changed by either you or us.
14. You will be required to register on our website and photographic, UK Identification will need to be provided to us before we list any item on our platform. This is for legal & anti-fraud purposes and will be stored securely. We may also request a valid proof of address (dated within the last 3 months) to validate your address.
Photographic ID examples are: UK Driving Licence, UK or EU passport.
Proof of address examples are: Bank statement, Council Tax / Utility Bill, DWP or HMRC document/letter
15. A valid UK bank account will also need to be provided to us, in order for us to process your payouts. This will become your 'nominated bank account'. We will only request the following information from you:
Bank Name
Account Name (this must match your name, unless specifically agreed with us)
Account Number
16. We will not process payouts to any other account unless agreed with us in writing. We require a minimum of 7 (seven) days’ notice to makes these changes. We will only payout to a UK bank account. We do not issue cheques, bankers drafts or cash payments. PayPal will be considered but will be at the discretion of Trilogy Toys and this can be rescinded at any time.
17. Once an item has sold, we will convert your Pay-out into TT points. These will appear on your available balance which you can check by logging into your account at any point. These can be redeemed instantly against any item on our website.
Cash pay-outs for items sold will be held for a period of 14 days. This is referred to as the 'cooling off period'. This is because we are following Distance Selling Regulations and must provide this period for the buyer to return the items. This is known as the 'cooling off period'. Your available TT Points balance will be converted into a cash amount. Pay-outs will normally be processed into your nominated bank account on the last working day of the month following the 'cooling off period. Please allow between 0-3 working days for cleared payment.
Each item will be paid out individually unless you specifically request a 'bulk payout’.
18. Bulk payouts will only be paid 12 weeks from the date of the first item sale. All items sold within that time will be included in that bulk payment.
19. In the event of a dispute by the 'end user' (person or entity buying your product from us), if we have not released funds for pay-out, we retain the right to hold all (or part) of these funds until the dispute can be resolved. If you have received a pay-out for an item which is later involved in a dispute, we reserve the right to retain any other funds held by us or we may seek reimbursement by you.
20. You have the right to request the return of any unsold items at any time by providing us with at least 72 hours’ notice in writing. You must either collect or pay for any postage/delivery costs incurred by us to return your items. This will also apply to any items we decline to sell on your behalf.
21. Items will be listed for a maximum period of 12 (twelve) weeks after you have approved our estimate and agreed to these terms and conditions. At the end of this period, you can:
a. Discuss with us a change in pricing or any other amendment to the listing and we can (at our discretion) extend this period by a further 12 weeks. After which point 21 of these terms & conditions will re-apply.
b. You can donate the items to us for either re-sale or for our Crisis Project (see website for further details) at which point you are legally passing the title of these items to us. This transfer will be confirmed in writing.
c. As per point 20, you can request a return of the unsold items.
22. If after a period of 4 weeks (28 days) the items (referred to in either points 20 or 21c) have not been collected/returned and no agreement on the contrary has been agreed with us prior, we will automatically assume the title of these products and you will no longer have any legal claim against them.
ITEM SPECIFIC TERMS & CONDITIONS
23. Pre-loved Toys, Games & Collectables:
a. All items must be in a clean, fully working condition. Items that are heavily soiled, smell of smoke, damaged, non-working or incomplete will be refused.
b. We DO NOT accept used toys that are mains powered (i.e. they have a plug fitted).
c. If a toy uses batteries, we ask that you ensure that these are present and working. We will not accept items that show any sign of battery failure or leakage.
d. Items must be intended for child use and display the CE mark (for toys manufactured after 1990) or meet the standards set out in Annex II of the Toy Safety Directive (no finger traps, sharp edges or obvious damage).
e. Lego (and other similar building toys) will attract a minimum commission of 35%. This is due to the appraisal process being more involved (i.e. counting pieces, building the set and re-packaging etc).
24. Books:
a. All books must be free from rips, tears or excessive marking.
b. Only books suitable for children (fiction or non-fiction) will be accepted.
c. Boxsets must be complete. Partial box sets or individual books not displaying an ISBN number are not accepted.
25. Nursery Items, Baby Bedding & Cots:
a. All items are in a clean condition and washed (where applicable) before sending to us.
b. Any sleeping/play equipment including (but not limited to) Moses baskets, play gyms etc must be clean, free from defects and fit-for-purpose.
c. Furniture must be fit-for purpose and not showing any signs of damage that could cause the item to fail.
d. We do not accept second-hand mattresses for cots, cot beds etc.
26. Clothing:
a. We do not currently accept any clothing or footwear to be sold using our platform.
27. Point 11 applies to all products/items listed in points 23 through 26.
28. Please see our concise list of items we can and cannot accept on our website.
TRILOGY TOY EXCHANGE SPECIFIC TERMS & CONDITIONS
29. All above Terms & Conditions apply but also include the following additions:
a. The title / ownership of any item exchanged for TT Points will transfer to us. We reserve the right to then sell on, donate, do as we see fit. Any further profit we make on this item will remain ours.
b. TT Points can be exchanged for cash at our discretion. Payments will be made 14 days after sale (or the nearest working day after if it falls on a weekend/public holiday).
c. 1 TT Point is the equivalent to £0.01 but this is only in reference to items on our website. They have no value outside of www.trilogytoys.co.uk