OLA365 is a service operated by Fergus & Gibbs Ltd

Effective date: [01/09/2026]

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1. Introduction

1.1. These Seller Terms & Conditions ("Terms") apply to any person or business ("Seller", "you" or "your") who instructs OLA365 to sell goods on their behalf.

1.2. OLA365 is a trading name and service operated by Fergus & Gibbs Ltd, company number 13704511 ("Fergus & Gibbs", "we", "us" or "our"). OLA365 is not a separate legal entity.

1.3. Any agreement relating to the sale of goods through OLA365 is an agreement between the Seller and Fergus & Gibbs Ltd.

1.4. OLA365 may sell goods through its own auction platform and/or through third-party marketplaces, including eBay and other online sales platforms.

1.5. By submitting goods to OLA365 for sale, or instructing us to sell goods on your behalf, you confirm that you have read and accepted these Terms.

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1.1. OLA365 provides a managed auction and online sales service.

2.2. Depending on the circumstances, our services may include:

• receiving and storing goods;

• inspecting goods;

• photographing goods;

• researching goods;

• preparing descriptions;

• valuing or estimating goods;

• creating auction listings;

• advertising goods;

• managing bids;

• selling goods through third-party marketplaces;

• communicating with buyers;

• arranging delivery or collection;

• dealing with buyer enquiries;

• administering returns and refunds; and

• collecting and remitting sale proceeds.

2.3. We will use reasonable care and skill in providing these services.

2.4. We do not guarantee that any particular item will sell or achieve any particular price.

3. Your Authority to Sell

3.1. By instructing OLA365 to sell an item, you confirm that:

a) you are the legal owner of the item; or
b) you have full authority from the legal owner to instruct us to sell it.

3.2. You confirm that the item is not stolen, unlawfully obtained, subject to undisclosed finance, security, lien or other third-party claim.

3.3. You agree to provide evidence of ownership or authority where we reasonably request it.

3.4. You remain responsible for any dispute concerning your ownership or authority to sell an item.

3.5. You agree to reimburse Fergus & Gibbs for any reasonable loss, liability, cost or expense arising from a claim that you did not have the authority to sell an item, except to the extent caused by our negligence or other unlawful conduct.

4. Information Supplied by the Seller

4.1. You must provide OLA365 with accurate and complete information about the goods.

4.2. You must disclose all material information known to you, including, where applicable:

• defects;

• damage;

• repairs;

• modifications;

• missing parts;

• previous accidents;

• restoration;

• authenticity concerns;

• counterfeit concerns;

• known safety issues;

• mileage or usage;

• provenance;

• ownership history; and

• any other matter which could materially affect the value or suitability of the goods.

4.3. We may rely upon information provided by you when preparing the listing.

4.4. If information supplied by you is inaccurate or misleading and this results in a buyer dispute, return, refund, chargeback or other loss, we may recover the resulting costs from you to the extent permitted by law.

5. Inspection and Listing

5.1. OLA365 may inspect goods before offering them for sale.

5.2. We may photograph and describe goods in accordance with our own assessment and the information available to us.

5.3. We may amend descriptions, photographs, titles, categories and other listing information where we consider this reasonably necessary.

5.4. We reserve the right to refuse or withdraw any item from sale.

5.5. We may refuse goods that we reasonably believe are:

• illegal;

• stolen;

• counterfeit;

• unsafe;

• prohibited by a marketplace;

• unsuitable for sale;

• materially misrepresented;

• subject to a third-party claim; or

• otherwise inappropriate for OLA365.

6. Valuations and Estimates

6.1. Any valuation, estimate, suggested reserve or anticipated sale price provided by OLA365 is an opinion and not a guarantee.

6.2. Market conditions may result in goods achieving more or less than any estimate provided.

6.3. Unless expressly agreed otherwise, OLA365 is not liable because an item fails to achieve an estimated or anticipated price.

7. Auction and Sale

7.1. OLA365 may determine the appropriate method of sale unless otherwise agreed with you.

7.2. This may include:

• online auction;

• fixed-price sale;

• best-offer sale;

• eBay auction;

• eBay fixed-price listing; or

• another appropriate sales channel.

7.3. Where an item is sold by auction, the highest valid bid at the end of the auction will normally constitute the sale price.

7.4. Once a valid sale has been completed, you may not withdraw the goods or refuse the transaction without our agreement.

7.5. We reserve the right to cancel or withdraw a listing where reasonably necessary, including in cases of:

• suspected fraud;

• technical error;

• inaccurate description;

• damage;

• loss;

• marketplace restrictions;

• legal requirements; or

• circumstances outside our reasonable control.

8. Selling Through eBay and Other Marketplaces

8.1. OLA365 may list and sell your goods through eBay and other third-party marketplaces.

8.2. Sales made through a third-party marketplace will also be subject to the applicable rules, policies and procedures of that marketplace.

8.3. Marketplace fees, payment holds, reserves, refunds, chargebacks and payment-processing arrangements may affect the timing and amount of money received by Fergus & Gibbs.

8.4. Fergus & Gibbs will not be required to pay Seller proceeds until the relevant marketplace or payment provider has released cleared funds to Fergus & Gibbs.

8.5. A buyer paying a marketplace does not necessarily mean that those funds are immediately available to Fergus & Gibbs or to the Seller.

Current OLA365 commission: 36.5%

9.1. The current standard OLA365 Seller commission is 36.5% of the final sale price, unless a different rate has been agreed with you in writing.

9.2. The commission is subject to review and may be amended from time to time.

9.3. The commission applicable to your goods will normally be the rate agreed or notified to you when the goods are accepted for sale.

9.4. Commission charged is exempt from UK VAT.

9.5. Unless expressly stated otherwise, the Seller's net proceeds are calculated after deduction of the applicable OLA365 commission and other applicable charges.

10. Additional Charges

In addition to OLA365's commission, you may be responsible for other charges where applicable, including:

• eBay or other marketplace fees;

• payment-processing fees;

• postage and delivery;

• packaging;

• collection;

• storage;

• specialist handling;

• photography or preparation;

• return postage;

• disposal;

• customs or other charges; and

• other services agreed with you.

Any applicable charges will be communicated to you where reasonably practicable.

11. Calculation of Seller Proceeds

The amount ultimately payable to the Seller will generally be calculated as follows:

Final sale price

LESS:

• OLA365 commission;

• applicable VAT on OLA365 charges, where applicable;

• marketplace fees;

• payment-processing fees;

• postage/delivery charges payable by the Seller;

• agreed additional services;

• refunds;

• chargebacks;

• returns;

• other transaction adjustments; and

• any other amount properly due from the Seller.

= NET SELLER PROCEEDS

12. Payment to Sellers

12.1. Seller proceeds will only become payable once Fergus & Gibbs has received and cleared the corresponding funds from the relevant marketplace or payment provider.

12.2. Where a sale is made to a consumer and is subject to statutory cancellation or return rights, Fergus & Gibbs may retain the relevant proceeds until the applicable period has expired or the transaction has otherwise sufficiently settled.

12.3. We may retain or delay payment where reasonably necessary because of:

• a consumer cancellation;

• a return;

• a refund;

• a chargeback;

• payment dispute;

• marketplace investigation;

• delivery dispute;

• suspected fraud;

• suspected misrepresentation;

• loss or damage;

• or any other circumstance which could reasonably result in Fergus & Gibbs becoming liable for a payment or refund.

12.4. We do not guarantee that Seller funds will be released on a particular number of days after the sale.

12.5. The timing of payment may depend upon the relevant marketplace's payment-processing and settlement procedures.

13. Consumer Cancellation Rights

13.1. Where OLA365 sells goods on your behalf to a consumer under a distance contract, the consumer may have statutory cancellation rights.

13.2. Where applicable, consumers generally have 14 days from receiving the goods in which to exercise their statutory cancellation right.

13.3. OLA365 will administer applicable consumer cancellations and returns in accordance with applicable law.

13.4. The Seller acknowledges that a consumer cancellation or return may result in the sale proceeds being withheld, reversed or deducted from the Seller's account.

13.5. Where a consumer validly cancels a transaction, Fergus & Gibbs may deduct from the Seller's proceeds any amount which properly becomes payable as a result of the cancellation, refund or return, including applicable marketplace and payment charges, to the extent permitted by law.

13.6. Nothing in these Terms is intended to remove or restrict any statutory consumer right.

14. Returns

14.1. Where a buyer has a statutory or contractual right to return goods, OLA365 may arrange the return.

14.2. The Seller authorises OLA365 to process refunds where legally required.

14.3. Where a return results from goods being materially misdescribed, defective or otherwise not as represented due to information supplied by the Seller, the resulting costs may be deducted from the Seller's proceeds.

14.4. Where permitted by law, any reduction in value caused by handling beyond what is reasonably necessary to inspect the goods may be taken into account when calculating a refund.

15. PostageCompanies

15.1. Goods are sent via Royal Mail and vary depending on value and size.

15.2  OLA365 do not accept responsibility for good lost during the postal process.

16. Safety-Critical Goods

16.1. Sellers must disclose known safety issues affecting goods.

16.2. This is particularly important for items such as:

• helmets;

• protective equipment;

• electrical goods;

• machinery;

• vehicle components;

• lifting equipment; and

• other safety-critical products.

16.3. OLA365 may refuse goods where we reasonably believe that their condition makes them unsuitable or unsafe for sale.

17. Unsold Goods

17.1. Where an item does not sell, OLA365 may, subject to any agreed instructions:

• relist it;

• change the sales method;

• offer it through another marketplace;

• negotiate a sale;

• retain it subject to applicable storage arrangements.

• Dispose of it.

17.2. Storage, collection, return or other charges may apply.

18. Withdrawal of Goods

18.1. Once goods have been accepted for sale, you should not request their withdrawal unless agreed with OLA365.

18.2. If you request withdrawal, OLA365 may charge reasonable costs already incurred in preparing, photographing, listing, storing, transporting or otherwise processing the goods.

18.3. Goods cannot normally be withdrawn after a binding sale has been completed.

19. Storage

19.1. Where OLA365 holds your goods, you remain responsible for collecting unsold or returned goods within the period specified by us.

19.2. We may charge reasonable storage fees where goods remain uncollected beyond that period.

20. Payment Reversals and Chargebacks

20.1. A marketplace or payment provider may reverse or withhold a payment after an apparent sale.

20.2. If Fergus & Gibbs has already paid the Seller and the corresponding buyer payment is subsequently reversed, refunded or charged back, the Seller remains responsible for the amount properly attributable to the transaction, subject to applicable law.

20.3. Fergus & Gibbs may deduct such amounts from future Seller proceeds or request repayment.

21. Seller's Indemnity

21.1. You agree to compensate Fergus & Gibbs for reasonable losses, costs and expenses arising from:

• your lack of ownership or authority to sell;

• counterfeit or stolen goods supplied by you;

• materially inaccurate information supplied by you;

• undisclosed material defects;

• unlawful goods;

• third-party ownership claims; or

• your breach of these Terms.

21.2. This clause does not apply to the extent that the relevant loss was caused by Fergus & Gibbs' own negligence, breach of contract or other unlawful conduct.

22. Limitation of Liability

22.1. Nothing in these Terms excludes or limits liability which cannot legally be excluded or limited.

22.2. This includes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence and any statutory rights that cannot lawfully be excluded.

22.3. Subject to the above, Fergus & Gibbs will not be liable for indirect or unforeseeable losses.

23. Insurance and High-Value Goods

23.1. Sellers should inform OLA365 before consigning unusually valuable, fragile or specialist goods.

23.2. Any specific insurance arrangement must be agreed in writing before the goods are accepted.

24. Seller Statements and Accounts

24.1. Following settlement, OLA365 may provide the Seller with a statement showing:

Sale price
less OLA365 commission
less applicable marketplace/payment fees
less other applicable deductions
= net amount payable

24.2. Sellers should notify OLA365 of any apparent accounting error within 30 days of receiving the statement.

25. Changes to Fees

25.1. OLA365's fees may be reviewed from time to time.

25.2. Changes to standard fees will be communicated to Sellers in reasonable advance where appropriate.

25.3. A fee change will not normally alter the fee already agreed for goods that have entered an active auction or completed sale, unless otherwise agreed.

26. Privacy

26.1. Fergus & Gibbs will process personal information in accordance with its applicable Privacy Policy.

26.2. Seller information may be shared with marketplaces, payment providers, delivery companies and other service providers where reasonably necessary to provide the OLA365 service.

27. Complaints

Any complaint concerning the OLA365 service should initially be submitted to:

OLA365
A service operated by Fergus & Gibbs Ltd
Company number 13704511
Email: fergusandgibbs@gmail.com

28. Governing Law

These Terms are governed by the laws of England and Wales.

The courts of England and Wales shall have jurisdiction, subject to any mandatory legal rights applicable to consumers.

29. Acceptance

By submitting goods to OLA365 for sale, the Seller confirms that:

• they have read these Terms;

• they agree to the applicable OLA365 fees;

• they authorise Fergus & Gibbs Ltd to sell the goods;

• they confirm that they have authority to sell the goods;

• they accept that marketplace fees and payment holds may affect settlement;

• they accept that consumer returns and cancellations may affect their proceeds; and

• they authorise Fergus & Gibbs Ltd to deduct amounts properly due from their sale proceeds.​