Terms of Sale



1.1 These terms and conditions of sale (“Terms of Sale”) are the terms of sale referred to in the Virtual Yard Sale ‘Help With Buying on VYS’, ‘Returns & Refunds’ and ‘Sell on VYS’ webpages, and govern the contractual relationship between Virtual Yard Sale, our Vendors and Customers in relation to transactions made using the marketplace website, www.virtualyardsale.co.uk (“Site”).

1.2 Virtual Yard Sale is not a party to these Terms of Sale. Throughout these Terms of Sale, Customers or Virtual Yard Sale Sellers (also referred to as “VYS Seller{s})”, are referred to as ‘you’, and we, the Vendor, as ‘we’ or ‘us’.

1.3 Capitalised words within these Terms of Sale shall have the meaning given to them in the Site Terms.

1.4 Please read these terms carefully before you submit an order for Goods via the Site. These terms tell you how Goods will be provided to you, how you or we may change or end the contract, what to do if there is a problem, how to cancel or return Goods, and other important information.

1.5 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

(a) you are an individual; and

(b) you are buying Goods via the Site wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.6 If you are a business customer these terms constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.


2.1 Virtual Yard Sale is permitted to advertise for sale and sell Goods via the Site.
2.2 When we use the words "writing" or "written" in these terms, this includes emails.


3.1 Our acceptance of your order for Goods will take place when you receive a notification that your order has been confirmed, at which point a contract will come into existence between you and us. Where possible, the confirmation will also include the shipping cost that will be automatically processed on the card provided for the payment of the Goods, unless a collection is organised. In certain circumstances, where shipping or postage costs cannot be included in the price of the Goods, a second payment request may be made before the order is confirmed.
3.2 If we are unable to accept your order, we will inform you of this via the Site and you will not be charged, or will receive a full refund if you have been already charged. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods.
3.3 You will be assigned an order number to your order and you will be notified what it is when we accept your order. It will help us if you can refer to the order number whenever you contact us (via Virtual Yard Sale) about your order.
3.4 Please note that if your order contains more than one item, it will be marked as confirmed once all the items have been confirmed, which may include confirmation from multiple Vendors. Each item constitutes a separate contract with the respective Vendor.


4.1 Upon your submission of information via the page ‘Sell on VYS’ we are entitled to sell your Goods on the Site in return for a 20% minimum commission of the final sale price, excluding any delivery costs. We reserve the right to use your listings in order to promote the Site.
4.2 We reserve the right to increase or reduce the commission without providing a reason In this event, we will provide ample notice and provide you with the opportunity to withdraw your listing from sale should you wish to. We may offer to increase the commission taken for a sale in return for additional promotion of certain Goods, but only when agreed with you, the Seller.
4.3 We will manage your listing after it is uploaded to the Site. Any customer that contacts the site to make an offer below your desired asking price will be sent to you for consideration by email. 
4.4 You are responsible for ensuring all the information provided on the form is accurate and honest, and any photographs provided display the item in its current condition.
4.5 The Seller will be liable for any costs incurred for delivery or postage in the event of a customer returning Goods on the grounds of mis-selling.
4.6 In the event that a customer refuses Goods on the grounds of mis-selling, We will assess the claim and decide whether the delivery charges should be paid by you or the customer.
4.7 Where you have agreed to arrange postage of smaller items:
(a) you will be required to pay for and post the Goods before you receive payment from Virtual Yard Sale. Please see the page ‘Sell on VYS’ for more information.
(b) you must provide adequate packaging materials for the Goods to arrive safely with the customer. If the Goods are not adequately packaged, the customer may be entitled to a full refund of postage and the costs of the Goods and you will be liable for any additional postage costs incurred for the return of the Goods to you the seller. The commission due to Us for the original sale will remain payable to Us by you, the Seller.
(c) you must have posted the item within 3 working days of notification of sale. 
4.8 Where the customer has agreed to collect the Goods directly from you, you are responsible for arranging a date directly with the customer, and you must agree to allow access to the Goods within a reasonable time frame (no longer than 7 days).
4.9 Where the customer has agreed for VYS to arrange London Delivery, you must agree to allow Us access to the goods within a reasonable time frame (no longer than 7 days).
4.10 We reserve the right to refuse any listing submitted without providing a reason.
4.11 If you wish to remove a listing, you must do so in writing and must allow Us one full working day to remove that listing. If the Goods listed on the Site are sold in that time, you may be required to honour that sale. In the event of your not being able to honour the sale, the customer will be refunded by Us in full, however the commission on the sale due to Us will remain payable by you, the Seller.


5.1 The expected timeline and costs of delivery will be as displayed to you in the order confirmation email sent to you after we accept your order.
5.2 You will pay for the costs of delivery of Goods unless free delivery is offered or you choose to collect the Goods.
5.3 The cost of delivery will be displayed in the confirmation email and Virtual Yard Sale will charge it upon confirmation of the order on the card used for the payment of the item.
5.4 The cost of delivery is calculated based on the size, weight and fragility of each item. The costs of delivery may vary depending on access restrictions or the type of courier required.
5.5 Our standard delivery service (referred to as ‘Small/Medium/Large Item London Delivery’ on the Site, more information available on 'Collections & Deliveries' webpage) will be carried out by the applicable number of people into your property, but excludes the use of hoists, platform lifts and the removal of doors for access, all of which will be subject to additional costs.
5.6 If you select 'Small/Medium/Large Item London Delivery' at checkout, but you do not live in a postcode area that is included in this service (postcode areas are available on 'Collections & Deliveries' webpage) you may not be entitled to a refund for delivery costs.
5.7 You may request additional delivery requirements at a further cost which will be determined before, and must be paid for before delivery is carried out.
You will be responsible for informing us of any special request for delivery otherwise delivery will be standard. If we cannot accommodate the request, we will inform you by a message on the Site.
5.8 Any change of delivery address is left to the seller's discretion. If you provide an incorrect delivery address or change your mind, please do get in touch us immediately and let Virtual Yard Sale's Customer Experience Team know by email at enquiries@virtualyardsale.co.uk. The change of address can involve additional delivery costs or be rejected by the seller.
5.9 You may only cancel or return your Order in accordance with our Returns and Refunds Policy.
5.10 Subject to 5.3 above, we will deliver Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order unless otherwise agreed in writing. If the item has not been dispatched within 30 days after confirmation, you may request a refund of your payment.
5.11 We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control, you will be contacted as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us (via Virtual Yard Sale) to end the contract and receive a refund for any Goods you have paid for but not received.
5.12 If no one is available at your address to take delivery of the Goods, we will leave you a note informing you of how to rearrange delivery or collect the Goods from VYS or other location.
5.13 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract under clause 6 of these terms.
5.14 It is your responsibility to inspect the Goods on receipt and report any damage that has occurred during delivery. If you do not report damage at that time, you may be responsible for the cost of returning the Goods in accordance with our Refunds & Returns policy.
5.15 Goods will be your responsibility from the time you accept delivery at the address you provided to Virtual Yard Sale.
5.16 You own the Goods once Virtual Yard Sale or its payment providers have received payment in full. Payment will be taken in accordance with PayPal’s payment terms.
5.17 We may need certain information from you so that we can supply the Goods to you, for example, dates and times and preferred locations for delivery. If so, this will have been stated in the description of the Goods on the Site. We will contact you to ask for this information.
5.18 If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 6 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
5.19 We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.20 We may have to suspend the supply of Goods where we no longer have the Goods in stock. We will contact you in advance to tell you we will be suspending supply of the Goods.
5.21 You may contact us (via Virtual Yard Sale) to end the contract for Goods that we have suspended supplying and we will refund any sums you have paid in advance for the Goods.


6.1 This clause five is subject to our Returns and Refunds Policy.
6.2 Consumers in the UK have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 6.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to purchase the Goods, you can notify us of your decision to cancel the contract via email and receive a refund for Goods. This right does not apply if you accept the Goods on delivery, use the Goods or alter or repair the Goods (such as by waxing, repairing, sanding, or otherwise changing the Goods so that they are different from the condition they were in when delivered). Goods that are posted are non-refundable unless mis advertised on the Site. The right to cancel does not apply to the following types of Goods, which are non-refundable: Goods that are personalised, bespoke or made-to-order to your specific requirements.
6.3 Your legal right to cancel starts from the date you purchased the Goods (the date on which you are notified that your order has been confirmed), which is when the contract between us is formed (“Contract Date”). For goods delivered by Us the deadline for cancelling the contract under this clause 5 is the working day before your agreed delivery date. For Goods sent by post/courier, the deadline is the date of dispatch. For Goods that you have agreed to collect, the deadline is the date of your collection.
6.4 To cancel the contract, you must let us know by email.
6.5 If you cancel the contract we will refund you the price you paid for the Goods as soon as possible and in any event within 14 days after you inform us of your decision to cancel the contract, provided that you have returned the Goods to us, where applicable. Please note that if the item has been damaged or is not in similar conditions, you will not be refunded.
6.6 You will be refunded using the method you used to pay for the Goods. If Virtual Yard Sale is unable to use the same method, they may contact you to process payment by bank transfer.
6.7 Even if you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract between us is completed when the Goods are delivered and Virtual Yard Sale or one of its payment providers has received payment for the Goods.


7.1 We may end the contract at any time by writing to you if:
(a) you do not provide us with information that is necessary for us to provide the Goods within a reasonable time of us asking for it. For example, the address for delivering the Goods to you;
(b) you do not, within a reasonable time, allow us to deliver the Goods to you.
7.2 If we end the contract in the situations set out in clause 7.1, we will refund the price of the item, excluding any delivery costs and deducting any costs we will incur as a result of your breaking the contract.


8.1 If you are a consumer we are under a legal duty to supply Goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
8.2 If you wish to exercise your legal rights to reject defective Goods you must refuse the Goods on delivery or collection, or return them to us in accordance with this contract.
8.3 In the even of refusal of Goods on the grounds of mis-selling, you may still be liable to cover delivery costs if we disagree with the claim of mis-selling.


9.1 If you are a business customer we warrant that on delivery, any Goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship, unless previously disclosed, unless it is a vintage or an antique item the defects are clearly communicated in their description.
9.2 Subject to clause 9.3, if:
(a) you give us notice in writing within 72 hours after delivery of discovery that the Goods do not comply with the warranty set out in clause 9.1;
(b) we are given a reasonable opportunity of examining the Goods such as clear pictures of the defective good; and
(c) you return the Goods to us at our cost, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full where a replacement is not available.
9.3 We will not be liable for the Goods failing to comply with the warranty in clause 9.1 if:
(a) you make any further use of the Goods after giving a notice in accordance with clause 9.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(c) you alter or repair the Goods without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
9.4 Except as provided in this clause 8, we shall have no liability to you in respect of the Goods failing to comply with the warranty set out in clause 9.1.
9.5 These terms shall apply to any repaired or replacement Goods supplied by us under clause 9.2.


10.1 The price of the Goods (which includes VAT, if applicable) will be the price indicated on the order pages when you placed your order on the Site. We take all reasonable care to ensure that the price of the Goods advised to you is correct. The cost of the shipment will be charged on the card used for the item when we will confirm the order. You will receive a confirmation message with all shipping information. If the card payment fails, Virtual Yard Sale will contact you to request alternative payment details. If you require an invoice for your purchase, please request it via the Site.
10.2 If the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
10.3 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10.4 You will be charged interest on any overdue payments at a rate of 4% above the Barclays Bank base rate (Interest), which shall accrue daily.
10.5 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any Interest until the dispute is resolved. Once the dispute is resolved we will charge you Interest on correctly invoiced sums from the original due date.
10.6 All online credit card payments will be conducted in accordance with the Payment Card Industry Data Security Standards.


11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
11.2 Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.3 We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods, including the right to receive Goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective goods under the Consumer Protection Act 1987.
11.3 If you are a consumer we only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 12.


12.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
12.2 Except to the extent expressly stated in clause 9.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
12.3 Subject to clause 12.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for Goods under such contract.


13.1 We will use the personal information you provide to us in accordance with all applicable data protection laws and regulations and the Vendors’ own privacy policy.


14.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.3 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. You may also bring proceedings in the country in which you live.
14.4 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to settle any such dispute or claim.