The Best of Everything

THIS AGREEMENT is made between TBOE (“The Best of Everything”, operated via the website thebestofeverything.com, hereinafter referred to as “TBOE” or “the Platform”) and the individual or entity submitting a listing on the Platform (hereinafter referred to as “the Seller”).

By submitting a listing and confirming acceptance of these terms, the Seller enters into a legally binding agreement with TBOE, governed by the laws of England and Wales.

1. Definitions & Interpretation

1. 1. 1.1 “Listing” means any item, property, or service submitted by the Seller for advertisement on the Platform.
   2. 1.2 “Listing Fee” means the non-refundable fee of £19.95 payable upon submission of each Listing.
   3. 1.3 “Sale Price” means the final agreed price at which a Listing is sold to a buyer.
   4. 1.4 “Rental Value” means the total rental value agreed between the Seller and the tenant/lessee for the full term of the rental or, in the case of property, the annual rental value.
   5. 1.5 “Commission” means the percentage-based fee due to TBOE upon the completion of a sale or rental.
   6. 1.6 “Completion” means the point at which money has been exchanged and the transaction has been finalised between the Seller and buyer/tenant.
   7. 1.7 “High Value Item” means any Listing with a Sale Price or total Rental Value exceeding £500.

2. Listing Fee

1. 1. 2.1 A non-refundable Listing Fee of £19.95 (inclusive of VAT where applicable) is payable by the Seller upon submission of each Listing.
   2. 2.2 The Listing Fee is payable regardless of whether the item is subsequently sold or rented.
   3. 2.3 Payment of the Listing Fee shall be made via PayPal or such other payment method as TBOE may specify from time to time.
   4. 2.4 No Listing shall be published on the Platform until the Listing Fee has been received in full.

3. Commission Structure

All Listings on thebestofeverything.com are subject to the following commission structure:

1. 1. 3.1 The standard commission rate is 1.5% of the final Sale Price or total Rental Value for all completed transactions.
   2. 3.2 For High Value Items (Sale Price or total Rental Value exceeding £500), an additional 1% commission shall apply, bringing the total commission to 2.5%.
   3. 3.3 Commission is calculated on the final agreed price between the Seller and buyer/tenant, excluding any applicable delivery or shipping charges.
   4. 3.4 The Listing Fee of £19.95 is payable in addition to any commission due and is non-refundable under any circumstances.

4. Payment of Commission

1. 1. 4.1 Commission shall become due and payable upon Completion of the sale or rental transaction.
   2. 4.2 The Seller shall pay the commission to TBOE within 14 calendar days of Completion.
   3. 4.3 Payment of commission shall be made by bank transfer or PayPal to such account as TBOE shall notify the Seller.
   4. 4.4 Failure to pay commission within the stipulated period may result in the Seller being charged interest at 4% per annum above the Bank of England base rate, accruing daily from the due date until payment is received.
   5. 4.5 TBOE reserves the right to engage debt recovery services and/or issue legal proceedings in respect of unpaid commission. The Seller shall be liable for all reasonable costs incurred by TBOE in recovering unpaid sums.

5. Seller Warranties & Obligations

1. 1. 5.1 The Seller warrants and represents that they have the full legal right, title, and authority to sell, rent, or otherwise deal with the item or property listed.
   2. 5.2 The Seller warrants that all information provided in the Listing is accurate, complete, and not misleading.
   3. 5.3 The Seller shall not list any item that is stolen, counterfeit, illegal, or subject to any third-party claim, lien, or encumbrance.
   4. 5.4 The Seller is solely responsible for the fulfilment of any transaction, including delivery, handover, and any after-sale obligations.
   5. 5.5 The Seller shall notify TBOE within 48 hours of the Completion of any sale or rental facilitated through the Platform.
   6. 5.6 The Seller shall indemnify TBOE against all claims, losses, damages, costs, and expenses arising from any breach of these warranties.

6. Platform Rights & Listing Management

1. 1. 6.1 TBOE reserves the absolute right to refuse, remove, suspend, or modify any Listing at any time and for any reason, without prior notice and without refund of the Listing Fee.
   2. 6.2 TBOE may, at its sole discretion, feature, promote, or prioritise certain Listings over others.
   3. 6.3 TBOE does not guarantee that any Listing will result in a sale or rental.
   4. 6.4 Listings shall remain active on the Platform for a period of 90 days from the date of publication, unless sold, rented, removed, or renewed.

7. Cancellation

1. 1. 7.1 The Seller may request cancellation of a Listing at any time by written notice to TBOE.
   2. 7.2 The Listing Fee of £19.95 is non-refundable under any circumstances, including cancellation.
   3. 7.3 If a sale or rental is completed within 30 calendar days of the cancellation of a Listing, with a buyer or tenant who was introduced to the item through the Platform, the full commission as set out in Clause 3 shall remain due and payable.
   4. 7.4 The burden of proof in relation to how a buyer was introduced shall rest with the Seller.

8. Limitation of Liability

1. 1. 8.1 TBOE acts solely as an advertising platform. TBOE is not a party to any transaction between the Seller and any buyer or tenant.
   2. 8.2 To the fullest extent permitted by law, TBOE shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Platform.
   3. 8.3 TBOE’s total aggregate liability under or in connection with this Agreement shall not exceed the amount of the Listing Fee paid by the Seller.
   4. 8.4 Nothing in this Agreement shall exclude or limit liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

9. Force Majeure

1. 1. 9.1 Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: acts of God, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, government action, power failure, internet disruption, or failure of third-party services.
   2. 9.2 The affected party shall promptly notify the other party of the force majeure event and shall use reasonable endeavours to mitigate its effects.

10. Data Protection & Privacy

1. 1. 10.1 TBOE shall process the Seller’s personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
   2. 10.2 Personal data provided by the Seller shall be used for the purposes of managing Listings, processing payments, communicating with the Seller, and enforcing this Agreement.
   3. 10.3 TBOE shall not share the Seller’s personal data with third parties except as required by law, for payment processing, or with the Seller’s prior consent.
   4. 10.4 The Seller has the right to access, rectify, erase, and restrict processing of their personal data by contacting TBOE at the email address published on the Platform.
   5. 10.5 TBOE shall retain the Seller’s personal data for a minimum of six years following the end of any transaction for legal and accounting purposes.

11. Electronic Acceptance

1. 1. 11.1 The Seller’s IP address, the date and time of acceptance, and the version of this Agreement shall be recorded and stored as evidence of acceptance.
   2. 11.2 The Seller acknowledges that they have had the opportunity to read this Agreement in full and seek independent legal advice before accepting.

12. Amendments

1. 1. 12.1 TBOE reserves the right to amend this Agreement at any time. Any amendments shall be published on the Platform and shall take effect 14 days after publication.
   2. 12.2 Continued use of the Platform following any amendment constitutes acceptance of the amended terms.
   3. 12.3 Existing Listings shall remain subject to the terms in force at the time the Listing was submitted.

13. Governing Law & Jurisdiction

1. 1. 13.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
   2. 13.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
   3. 13.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14. Entire Agreement

1. 1. 14.1 This Agreement constitutes the entire agreement between the parties in relation to the subject matter hereof and supersedes all prior agreements, understandings, and representations.
   2. 14.2 No variation of this Agreement shall be effective unless made in writing and agreed by both parties (or published in accordance with Clause 12).