Sell My Pen

These Seller Terms and Conditions (the "Seller Terms") apply to all users ("Sellers" or "You") who list, sell, or attempt to sell items, specifically including but not limited to pre-owned writing instruments ("Pens") and related accessories, through the website /site[www.thepenlounge.com], which is operated The Pen Lounge," "We," or "Us").

BY CREATING A SELLER ACCOUNT OR LISTING ANY ITEM FOR SALE ON THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE SELLER TERMS, AS WELL AS OUR GENERAL TERMS OF USE AND PRIVACY POLICY.

We reserve the right to modify these Seller Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Site as a Seller constitutes acceptance of any updated terms.

1. The Role of The Pen Lounge

1.1 Marketplace Venue Only: The Site is a marketplace where third-party Sellers can list pre-owned Pens for sale and Buyers can purchase them. The Pen Lounge is not a party to the actual transaction between a Seller and a Buyer. We provide the platform and payment processing facilitation only.

1.2 No Agency: No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Seller Terms.

1.3 Control: We do not pre-screen every item listed, and we do not hold possession of the items listed for sale (unless explicitly stated, such as for our own limited sales, or if using a pre-agreed consignment/authentication service, if applicable). We do not control and are not responsible for: a) The quality, safety, authenticity, or legality of the items advertised. b) The truth or accuracy of the listings. c) The ability of Sellers to sell items or the ability of Buyers to pay for items.

2. Seller Eligibility and Account

2.1 Requirements: To sell on the Site, you must: a) Be at least 18 years of age. b) Have a registered and active user account. c) Be able to form legally binding contracts under applicable law. d) Provide accurate, current, and complete information, including a valid name, email address, physical address, and required financial (payment receipt) information.

2.2 Prohibited Users: You may not use the Site if your account has been suspended or terminated by Us. Multiple accounts per individual are prohibited unless expressly authorized by Us in writing.

3. Listing Requirements and Content

Your listings are a legal description of your product and form the basis of the contract with the Buyer.

3.1 Accurate Description: Each Pen must be described accurately, completely, and in good faith. You must include all material information, such as:

• Brand and Model Name.
• The condition (e.g., New Old Stock, Excellent, Very Good, Fair/User, For Parts Only)
• Any damage, defects, scratches, cracks, plating wear, brassing, personalized engravings, or other imperfections. Do not use "Stock Photos." You must take original photos of the actual item for sale.
• The filling system type (e.g., piston filler, cartridge/converter, lever filler etc) and its functional condition.
• The nib material (e.g., 14k gold, steel) and its tipping/point size (e.g., EF, F, M, B, Stub), if known.
• Any modifications, aftermarket parts, or professional restorations performed, stating the restorer if known.
• Inclusion of original box, paperwork, converter, or accessories.
• 3.2 Condition Grading: You are responsible for accurately grading your Pens. Intentional or gross misrepresentation of condition is a material breach of these terms.
• 3.3 Price and Shipping: All listings must include a fixed price You as a seller has to bear the cost of shipping.
• 3.4 Proper Categorization: You must list items in the correct category.
• 3.5 Prohibited Items: You agree not to list or sell: a) Counterfeit items or "replicas." b) Items you do not own and have the legal right to sell. c) Items that infringe upon the intellectual property rights of any third party. d) Items subject to trade embargoes or trade sanctions.
• 3.6 Content License: By creating a listing, you grant The Pen Lounge a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, reproduce, modify, adapt, publish, and display the content of your listing (including text and photos) across our Site and in our marketing materials (e.g., social media).

4. Authenticity and Anti-Counterfeit Policy

4.1 Strict Prohibition: The Pen Lounge has a zero-tolerance policy for counterfeit goods. The listing, offering for sale, or selling of counterfeit items or replicas (including "homage" pens that too closely mimic trademarked designs) is strictly prohibited.

4.2 Authenticity Guarantee: As the Seller, you are solely responsible for verifying the authenticity of any Pen you list and guarantee its authenticity to the Buyer and Us.

4.3 Consequences of Counterfeits: If We determine, in our sole discretion, that an item is counterfeit: a) The listing will be immediately removed. b) The Seller’s account will be permanently suspended. c) All funds related to the transaction (if processed) will be refunded to the Buyer. d) Funds may be held to cover administrative costs or legal inquiries. e) Law enforcement and relevant trademark holders may be notified.

5. Fees and Payment

5.1 Marketplace Fees: We charge a fee of 7% for selling items on our Site ("Marketplace Fee"). This fee is calculated as a percentage of the total transaction amount. This structure is subject to change with notice.

5.2 Fee Deduction: The Marketplace Fee and any applicable payment processing fees from [Razor Pay, Stripe, PayPal etc will be automatically deducted from the payment made by the Buyer.

5.3 Payment Processing: We facilitate payment collection through integrated third-party payment processors. You must set up a payment account and provide all necessary information. You agree to the terms and conditions of our payment processing partners.

5.4 Payouts: Funds for completed sales (minus fees) will be released to your payment account 7 days after the item is confirmed as delivered by the carrier," or "immediately upon successful payment processing," or a staggered release, etc. A short delay for fraud protection is standard and recommended for pre-owned goods.]

6. Shipping and Fulfillment

6.1 Obligations: Once an item sells, you are contractually obligated to fulfill the sale and ship the correct item to the Us/Buyer at the address provided to you by Us.

6.2 Timing: You must ship the item within 2 business days of being notified of the successful payment, unless a different, longer handling time was clearly stated in the listing.

6.3 Packaging: You must package the Pen securely to prevent damage during transit. For high-value pens, this means using protective sleeves, proper padding, and sturdy boxes. Damaged pens due to poor packaging are the Seller's sole responsibility.

6.4 Trackable Shipping: For your own protection and to provide transparency, We strongly recommend using a trackable shipping method. You are responsible for uploading the correct tracking information to the Site immediately after shipping.

6.5 Insurance: We recommend obtaining appropriate shipping insurance, especially for high-value items, as We are not responsible for loss or damage during transit.

7. Returns and Buyer Protection

7.1 Default Policy (Item Not as Described): While individual Sellers may set their own return policies for simple change-of-mind, We enforce a mandatory return policy if the item received by the Us / Buyer is "Materially Not as Described." This includes: a) Gross misrepresentation of condition. b) Failure to mention significant damage or defects. c) Receiving a different item. d) Lack of a listed key accessory. e) Item is counterfeit.

7.2 Seller Return Policy: If you choose to accept returns for other reasons (e.g., change-of-mind), you must clearly state your policy (e.g., timeframe, who pays for return shipping) within the listing. If you do not state a policy, the default is "No returns accepted for change of mind."

7.3 Returns for 'Not as Described': If a Buyer opens a dispute claiming the item is "Not as Described" and We determine the claim to be valid, you agree to: a) Accept the return. b) Issue a full refund, including original shipping, upon return of the item. c) Pay for return shipping if the item was truly misdescribed.

7.4 Refusal to Accept Returns: If you fail to cooperate with a mandated return or dispute, We reserve the right to forcefully reverse the transaction and debit your payment account for the full refund amount.

8. Disputes and Limitation of Liability

8.1 Dispute Resolution: Sellers are expected to communicate professionally and make a good-faith effort to resolve any issues directly with Buyers. If an amicable resolution is not possible, either party may escalate the dispute to Us for mediation. Our decision in such mediations is final within our platform.

8.2 LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PEN LOUNGE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SITE.

8.3 Specific Waivers: We are not liable for: a) Fraudulent activity by Buyers. b) Items lost or damaged in shipping. c) Payments not processed or received due to issues with third-party payment processors. d) Inaccuracy of listings or condition grading (beyond our dispute mediation).

9. Breach of Terms and Account Termination

9.1 Suspension and Termination: We reserve the right, in our sole discretion, without prior notice or liability, to suspend, terminate, or refuse to list any item, or to suspend or terminate your Seller account for any reason, including but not limited to: a) Violation of these Seller Terms or other policies. b) Engaging in fraudulent or illegal activity. c) Repeated misrepresentation of item condition. d) Selling or listing counterfeit goods. e) Negative feedback or recurring Buyer disputes related to your performance. f) Failure to ship sold items promptly.

9.2 Consequences of Termination: Upon termination, your right to use the Site to sell will immediately cease. Any pending listings will be cancelled, and we will work to settle any outstanding funds for completed sales according to our payout schedule.

10. Governing Law

These Seller Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Thane, Maharashtra Jurisdiction, The courts of Thane Jurisdiction shall have exclusive jurisdiction to settle any such dispute or claim.

11. Contact Information

If you have any questions or require support regarding these Seller Terms, please contact Us at [email protected]