1. Nature of the relationship
You remain the owner of every item you send us until it sells. We take possession as a bailee and selling agent — we do not buy your items, and we are not a purchaser, pawnbroker, or storage facility.
We list and sell your items through our own marketplace seller accounts. All buyer-facing communication, feedback, and account standing belong to us. Nothing here creates a partnership, joint venture, franchise, or employment relationship.
We make no guarantee that any item will sell, sell at any particular price, or sell within any particular timeframe. Any estimate we give — of value, storage cost, or timeline — is an estimate only and is not a commitment.
2. Ownership, title & authenticity
By sending us items, you represent and warrant, for every item, that:
- You own it outright, or are fully authorized to sell it, and it is free of any lien, security interest, or third-party claim. If items came from a business liquidation, bankruptcy, estate, or auction, you warrant that no creditor or other party retains an interest in them.
- It is authentic — not counterfeit, replica, knockoff, or bearing an unauthorized trademark, and not a gray-market or unauthorized-import good where that would violate a rights-holder's rights.
- It was not stolen, and was not obtained through fraud, including purchase with stolen payment credentials.
- It is legal to possess, sell, and ship in the United States and in any jurisdiction it will ship to.
- It is not subject to a recall or safety notice, and complies with applicable safety and labeling law (including CPSIA lead and cadmium limits for jewelry, accessories, and children's products).
Why this matters more than it might seem. We sell through our own marketplace accounts. A single counterfeit or stolen item can get those accounts restricted or permanently suspended, which halts the service for every consignor at once. We treat authenticity and title as fundamental to this agreement, and a breach of this section entitles us to terminate immediately under section 15.
We may, at our discretion, require documentation of ownership, source, or authenticity before accepting or listing any item, and may decline to list anything we cannot verify to our satisfaction.
3. Prohibited & restricted items
Do not send us:
- Counterfeit, replica, or trademark-infringing goods of any kind
- Stolen goods, or goods bought with stolen payment credentials
- Firearms, ammunition, weapons, or their regulated components
- Hazardous materials, flammables, compressed gases, or items containing loose or damaged lithium batteries
- Perishables, live plants or animals
- Prescription drugs, controlled substances, supplements making medical claims, vape or tobacco products
- Used cosmetics, opened personal care items, or used undergarments
- Recalled products, or items subject to an open safety notice
- Human remains, body parts, or ivory and other protected wildlife products
- Anything prohibited by eBay, Poshmark, Mercari, or any other marketplace we list on, or by any applicable law or carrier rule
This list is not exhaustive. We may refuse any item for any reason.
Counterfeit and illegal goods are handled differently from ordinary rejections. We will not return suspected counterfeit goods to you, because doing so would put them back into circulation. We may destroy them, surrender them to the rights holder, or report them to the relevant authority, and we may do so without compensating you. Suspected stolen goods and illegal items may be reported to law enforcement along with your account information.
4. Sending items to us
4.1 Standard inbound shipments
You request a prepaid label through the portal by submitting the box's weight, dimensions, and item count. We buy the label and email it to you. The label's real cost is recovered from that box's early sales as described in section 6.
The weight, dimensions, and item count you provide are used to estimate storage. They are an estimate only. Actual storage is calculated from the items as we receive and measure them, and may differ.
4.2 Shipments sent directly from third parties
Some consignors want goods sent to us directly from a supplier, auction house, or another seller rather than shipped by the consignor. We do not accept direct-to-facility shipments by default. Any such shipment requires our prior written approval for that specific shipment.
Where we do approve one, we may require, before or after arrival: identity verification, proof that you paid for and own the goods, the supplier's or auction's name and invoice, a manifest of expected contents, and any other documentation we consider reasonable. We may impose limits on the number, size, and frequency of such shipments.
Unapproved shipments arriving from a third party may be refused, returned at your cost, or held unlisted while we seek documentation, and storage accrues in the meantime. Packages arriving with no identifiable consignor may be refused outright.
4.3 Our discretion
We may require identity verification, proof of ownership, and source documentation before accepting any shipment, and may refuse any shipment, in whole or in part, at our sole discretion. We may also cap the volume any consignor sends in a given period.
Risk of loss during inbound transit is yours. We take responsibility only from the point we receive and log items into inventory.
5. Intake, inspection & rejection
On arrival we sort, inspect, and log each item. Items may be rejected for condition, authenticity doubts, prohibited status, or because they are not economically sellable.
You choose what happens to rejected items. At intake we will tell you what was rejected and why, and you may elect either:
- Return — we ship them back at your cost, deducted from your balance or invoiced to you; or
- Disposal — we discard, recycle, or donate them at no cost to you.
If you do not respond within 14 days of our notice, we may dispose of the rejected items at our discretion. Storage accrues on rejected items awaiting your instruction.
Section 3 governs suspected counterfeit, stolen, and illegal goods instead of this section — those are not returned.
6. Fees
6.1 Fulfillment fee
Our fulfillment fee is 10% of the gross sale — the full amount the buyer pays, including shipping and sales tax collected. This covers photography, storage handling, packing and packaging materials, carrier drop-off, customer service, and returns handling. It is charged only when an item sells.
This rate is described in the portal as a “Founder's rate” and is not permanent. See section 16 for how changes are made.
6.2 What the fulfillment fee does not cover
Marketplace fees, promoted-listing or advertising fees, outbound shipping labels, and sales tax are separate and are deducted from the sale in addition to our fee. We do not pay marketplace fees on your behalf. Every deduction is itemized on your payout statement.
6.3 Storage
Storage accrues monthly per item, based on the space the item occupies and how long we hold it, at the rate set for your account. Items are individually wrapped and stored to protect them; we do not compress storage to reduce fees. Storage accrues from intake until the item sells, is returned, or is disposed of — including while unsold, while awaiting your instruction, and while rejected.
6.4 Storage grace period and pre-funding
Where your total accrued storage is under $25 per month, we grant a 90-day grace period from intake. Storage accrues during that period but is only collected from sale proceeds, giving your items a chance to sell and cover it.
Where your total accrued storage reaches or exceeds $25 per month, we require a pre-funded storage deposit before accepting or continuing to hold the shipment. The deposit is applied against accrued storage as it is incurred, and any unused balance is refunded when your account is closed out and all fees are settled. The deposit is equal to three months of estimated storage for the shipment, calculated at intake from the items as we actually receive and measure them.
If a required deposit is not funded, or is exhausted and not topped up, we may stop listing, decline further shipments, and treat the items under sections 9 and 10.
6.5 Inbound label recovery
The real cost of your inbound label is recovered from that box's early sales, capped at 25% of any single sale's gross so no one item bears it all. If a box does not sell through enough to recover it, we absorb the remainder — except where you withdraw items under section 9, in which case the unrecovered balance becomes payable by you.
7. Listing, pricing & marketplaces
We decide, at our sole discretion: which marketplaces to list on, listing titles, descriptions and photography, listing price, whether to accept offers, when and by how much to mark down, whether to group items into lots or list individually, and whether to use promoted or advertised placement (which carries an additional marketplace fee deducted from the sale).
We aim to price for a reasonable sale within a reasonable time. We do not guarantee any price and are not liable for selling an item for less than you believe it was worth.
All listing content we create — photographs, titles, descriptions — remains our property, and you grant us the right to photograph and depict your items for the purpose of selling them.
Do not sell or list an item elsewhere while it is consigned with us. If an item sells elsewhere while we hold it, you are responsible for any marketplace penalty, cancellation fee, or account damage we incur, plus accrued storage and return shipping.
8. Sales, payouts & verification
8.1 Payout calculation
When an item sells, your proceeds are the gross sale less: sales tax remitted, marketplace fees, advertising fees, the outbound shipping label, our fulfillment fee, accrued storage, and any inbound label recovery. Your dashboard itemizes each of these per sale.
8.2 Payee verification
Before we release funds, we verify that the payout destination matches the account holder. The name on the receiving bank account must match the name on your consignor account. Where you are paid to a business account, the business must be one you own and the ownership must be documented to our satisfaction.
We do not pay third parties. We will not send funds to an account in someone else's name, to a money transmitter, or to an intermediary, regardless of instruction. We may require government-issued identification, proof of address, and bank ownership documentation before any first payout, and may re-verify at any time.
8.3 International consignors and transfers
We may accept international consignors at our discretion, subject to additional verification and volume limits. Where we do:
- You bear all bank, wire, intermediary, and currency-conversion fees. We do not cover them, and the amount that arrives may be less than the amount sent because intermediary banks deduct their own charges in transit.
- Payouts are made in US dollars unless we agree otherwise in writing.
- You are responsible for any customs duty, import charge, or tax arising from goods you send into the United States, and for being the importer of record where applicable.
- We screen payees against applicable sanctions lists and will not transact with a sanctioned person or jurisdiction.
8.4 Holds
We may hold a payout where verification is incomplete, where a marketplace has not yet released funds to us, where a buyer dispute or return is open, or where we reasonably suspect a breach of section 2 or 3.
9. Unsold items & abandonment
Storage continues to accrue on unsold items. Where items have not sold, we may contact you to agree a course of action: a price reduction, return to you, or donation.
If you withdraw items — whether unsold or at any time before sale — you are responsible for all accrued storage, any unrecovered inbound label cost, and outbound return shipping, before the items are released. We may deduct these from any balance we hold for you and invoice the remainder.
Where items remain unsold and fees are accruing unpaid, or where we cannot reach you, we will send written notice to the email address on your account. If you do not respond within 30 days of that notice, and outstanding fees are not settled, we may treat the items as abandoned and sell, donate, or dispose of them, applying any proceeds to what you owe.
Keep your contact details current. Notice sent to the email address on your account is effective notice, whether or not you read it.
10. Unpaid fees
Fees you owe us may be deducted from any sale proceeds or balance we hold for you. Where a balance is insufficient, the shortfall is payable on demand.
To the extent permitted by law, we retain a lien over items in our possession for amounts you owe us, and may withhold release of items until those amounts are settled. Where fees remain unpaid after written notice and the period in section 9, we may sell items and apply the proceeds to what you owe, accounting to you for any surplus.
11. Loss or damage
We take reasonable care of items in our possession. Where an item in our possession is lost or damaged through our fault, we will compensate you at the net proceeds you would have received had the item sold at its listed price — that is, the listed price less the fees that would have applied.
For items not yet listed, compensation is measured at your documented acquisition cost or your declared value, whichever is lower. We may require documentation of value; without it, we may set a reasonable value based on comparable sold items.
Our total liability for any single inbound shipment is capped at $2,500, regardless of the number of items in it. If you are sending goods worth more than that, tell us before shipping so we can agree a higher limit in writing, or insure them independently.
We are not an insurer. We are not liable for: loss or damage in inbound or outbound transit, loss caused by a carrier or marketplace, ordinary wear from handling and storage, inherent defects or deterioration, or loss caused by fire, flood, natural disaster, theft, or other events outside our reasonable control. You may insure your goods independently and we encourage you to consider it for high-value shipments.
We are not liable for indirect, incidental, consequential, or lost-profit damages of any kind.
12. Returns & chargebacks
Marketplace buyers may return items or open disputes under the marketplace's own policies, which we do not control.
If a sale is returned, refunded, cancelled, or charged back after you have been paid, the amount is reversed against your balance or, if no balance is available, is payable by you on demand. Where a returned item comes back to us, it re-enters inventory and storage resumes; where it is not returned or comes back unsellable, the loss falls to you unless it resulted from our handling.
13. Indemnity
You will indemnify and hold harmless SnapLister, its owners and personnel, against any claim, loss, fine, penalty, or cost — including reasonable legal fees — arising from: items you sent that breach sections 2 or 3; any third-party claim of ownership, lien, or intellectual property infringement relating to your items; and any marketplace account restriction, suspension, or penalty we suffer as a result of your items.
This obligation survives termination of this agreement.
14. Taxes & reporting
You are responsible for your own taxes on proceeds you receive. We are not your tax advisor.
We may require a completed Form W-9 (US persons) or Form W-8BEN / W-8BEN-E (non-US persons) before making any payout, and may withhold payouts until we have one. We may be required to issue Form 1099-K or to withhold tax on payments to non-US persons, and will do so where the law requires.
Marketplaces collect and remit sales tax on the transactions they facilitate. Sales tax appears in the buyer's total and in the gross on which percentage fees are calculated, but is not income to you or to us.
15. Termination
Either of us may end this arrangement on written notice. On termination, unsold items are handled under section 9 — you remain responsible for accrued storage, unrecovered inbound label cost, and return shipping.
We may suspend or terminate immediately, without notice, where we reasonably believe you have breached section 2 or 3, where verification under section 8 fails or is refused, or where your items have caused or threaten to cause a marketplace account restriction. In that case we may stop listing, hold items and funds pending resolution, and take the steps described in section 3 for counterfeit or illegal goods.
16. Changes to these terms
We may update these terms. Each version is numbered, and the version you agreed to is recorded against each shipment you send.
Changes apply to shipments sent after the change takes effect. We will give at least 30 days' notice, to the email on your account, before a change that increases your fees or materially reduces your rights. Items already in our possession continue under the version you agreed to when you sent them, except where a change is required by law or by a marketplace.
17. General
These terms, together with the fee information shown in your portal, are the entire agreement between us and supersede prior discussions. Nothing said in email, chat, or a sales conversation varies them unless we confirm it in writing.
They are governed by the laws of the State of California, without regard to conflict-of-laws rules. Any dispute is subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.
If any provision is found unenforceable, the rest remain in force. Our failure to enforce a provision is not a waiver of it. You may not assign your rights under these terms without our written consent.
Notices to us should be sent to hello@snaplister.net and to TheShopCart LLC, 200 S Pierce St., El Cajon, CA 92020, USA. Notices to you are sent to the email address on your account.