Wolfgang’s Seller Agreement

This Agreement sets forth the terms on which Wolfgang’s is willing to offer for sale your items on its website. By checking the box marked “I have reviewed and agree to the Seller Agreement” you are acknowledging that you have read and agreed to all of the provisions of this Agreement.

  1. Term This Agreement will have an initial term of three years. This Agreement will automatically renew for successive, consecutive three year terms unless you send written notice of non-renewal to Wolfgang’s at least ninety days prior to the end of the then current term. Wolfgang’s may terminate this Agreement at any time and will notify you if it does so. If you provide timely written notice of non-renewal of this Agreement, any items that you have sent to Wolfgang’s for sale on its website may, at Wolfgang’s sole discretion, remain listed for sale through the end of the term and any accepted orders for your items will be processed. If Wolfgang’s has any unsold items of yours following the expiration of this Agreement, Wolfgang’s will return them to you as provided in Section 6 to the address specified in your written notice of non-renewal.
  2. Shipping or Delivering Items to Wolfgang’s All items that you want to offer for sale on Wolfgang’s website must be shipped to its facility located at 3663 Barron Way, Reno, NV 89511 at your expense or you can deliver them in person to Wolfgang’s Reno facility. If you ship your items, you are responsible for insuring your items, and you will retain risk of any loss or damage to your items until Wolfgang’s has received your items at its Reno facility and inspected them and confirmed that they are in good condition.
  3. Listing After Wolfgang’s inspects your items, it will determine in its sole discretion whether or not to offer any or all of the items for sale on its website. Any items Wolfgang’s decides not to list will be returned to you as provided in Section 6. If Wolfgang’s does decide to list some or all of your items, Wolfgang’s will research and catalog these items and list them for sale on its website. Wolfgang’s has sole discretion in describing your items that are listed for sale on its website. Wolfgang’s has sole discretion as to how long to offer your item(s) for sale and it may at any time cease to offer one or more of your items and may relist your items at any time. You may not remove any of your items from Wolfgang’s website and Wolfgang’s is not obligated to remove any of your items from its website even if you request that it do so. While Wolfgang’s has possession of your items, it will have the exclusive right to sell them until this Agreement terminates.
  4. Pricing and Promotions Wolfgang’s will price any or all of your items at its discretion and may change the price at any time and from time to time in its sole discretion. All items will be eligible for promotions run by Wolfgang’s and Wolfgang’s may include or not include your items in promotions it runs at its discretion. Wolfgang’s may change or discontinue promotions at any time.
  5. Representations For each item you deliver to Wolfgang’s, you represent that all of the following statements are true:
    • You own the items and have legal title to them free and clear of all liens and security interests and have the right to sell them.
    • Selling the items on Wolfgang’s website will not violate the rights of any person.
    • None of the items are unauthorized reproductions, counterfeits, bootlegs or were otherwise created in any manner that violates the rights of any person.
    If Wolfgang’s believes that any of the representations are untrue at any time, it reserves the unilateral right to remove your items for sale and return them to you as provided in Section 6 except that if Wolfgang’s believes that any of your items violates any of its rights, then it will retain the item(s) until such time as it is determined that the items do not violate any of Wolfgang’s rights.
  6. Return of Items For any items that we return to you as provided elsewhere in this Agreement, you are responsible for informing us of the address to which you want the items shipped. You must prepay all shipping costs and Wolfgang’s standard handling fee. Your items will be shipped when these costs and fees have been prepaid in full. It is your responsibility to insure items against any loss or damage incurred during shipment from Wolfgang’s facility to you. Wolfgang’s is not responsible for any loss or damages to any item after the item has been placed with the shipping company.
  7. Allocation of Proceeds When an item is sold through the Wolfgang’s website, the net proceeds (the amount received by Wolfgang’s net of any payment processing fees, shipping fees, handling charges and pro-rata share of costs of promotions) from the sale of that item will be allocated as follows:
    Value of Item Net Proceeds to You
    $1-$25 50%
    $26-$500 55%
    $501+ 60%
  8. Payment If an item of yours is sold on the Wolfgang’s website, you will receive your portion of the net proceeds in the month after the end of each quarter in which the sale occurred (for example, if a sale occurs in January, you would receive your net proceeds in April). Payments that amount to less than $50.00 will rollover to the following quarter, until the amount exceeds $50.00 or at the end of the year, whichever comes first.
  9. Amendment of Terms Wolfgang’s may, at its discretion, amend the terms of this Agreement by posting a new Agreement on its website.