Seller terms

1. The pilot

• Pacta is an invite-only pilot. It covers second-hand, vintage and new home and living goods, including goods that come with a choice of options, such as size or finish, and goods made to order.
• It is a test of a new kind of market. Parts of it will change, pause or stop, sometimes without notice. We do not promise you any number of requests, offers or sales.
• You must be 18 or over, and you must use the account we invited you to, with your own email address.

2. What Pacta is, and is not

• Pacta is a venue. Buyers say what they want. Software working for you (“your agent”) and software working for each buyer find, compare and negotiate offers.
• We are not the buyer and we are not a party to any sale. We do not buy, store, inspect or deliver your items. Every sale is between you and the buyer.
• Offers are ranked on each buyer's own terms. Nobody can pay for a better position, and neither can you.

3. Your listings

• You describe the item and add photos. Our software drafts the listing from them, and you review the draft before it is published: check every fact. What you confirm is shown to buyers as your statement.
• Everything in a listing must be true. The item must be yours to sell, and available or, if you make it to order, something you can make as described. Do not list the same item twice.
• Photos must be your own photos of the actual item or, for goods made to order or with a choice of options, of an example you have made or have in stock. We remove location and camera data from photos before we store them.
• Keep your listings up to date. Pause or withdraw a listing that is no longer available. A second-hand or vintage piece is taken off the market when it sells on Pacta. If you sell an item somewhere else, withdraw its listing right away.
• Your standing terms are public: buyers whose requests fit see your asking price, delivery options, lead time and the terms you state, such as a warranty. Your private limits are not shown to buyers.

4. What publishing sets in motion

Once a listing is published, the following happens without anyone asking you first.

• The market compares your listing with each new request as it arrives, and makes offers to those buyers at your listed price and terms.
• Your agent may improve an offer for a particular buyer, for example on delivery, warranty or an extra, only in the ways and within the limits you chose.
• If your listing is open to offers, your agent negotiates the price with buyers' agents. It does not go below your lowest price.
• Your agent agrees at once to a buyer's offer at or above your asking price, or at or above a price you set to accept automatically, but only when the offer asks for nothing beyond what your offer already includes, is within the discount you allow your agent, and is not below your lowest price.
• To any other offer it replies with a counter-offer within your limits, when one is possible. When a buyer's offer is outside your limits, it comes to your inbox for you to decide.
• A fixed-price listing is never negotiated.
• Your agent answers buyers' questions from what you stated, from answers you have saved and from what your photos show. Some answers are sent for you. Others wait in your inbox for your approval.
• When your agent and a buyer's agent agree, the offer to that buyer changes. Only the buyer can turn an offer into an order, by pressing Buy.

Your agent's limits for a listing are shown to you on its review page before you publish.

5. Orders and payment during the pilot

• When a buyer presses Buy on one of your offers, Pacta records an order at that offer's price and terms, closes the buyer's other offers, and takes a second-hand or vintage piece off the market. You can see the order on Pacta at once.
• When a buyer orders, we'll email you and the buyer to confirm the order and arrange a time and place. A founder of Pacta writes that email by hand and asks you to confirm that you still have the item.
• When you confirm the order, you agree to sell the item to that buyer at that price and on those terms.
• Pacta takes no payment. The buyer pays you directly when they pick up or receive the item. Pacta passes no money to you and charges you no fee during the pilot.
• When a buyer orders you are given their name, if they saved one, and, for delivery, their address. Use these only to complete that order. Do not use them for anything else, do not pass them on, and do not keep them longer than you need to.
• Pacta does not yet have a way for you and the buyer to message each other in the app. Our email introduces you to each other, so each of you sees the other's email address, which you may use only for that order.
• Hand over or deliver the item as the offer says and in the condition you described. Mark the order on Pacta as it moves along.
• If you cannot complete an order, write to [a contact address, to be added] at once.
• Returns, repairs and money back are between you and the buyer. If you sell as a business, the law gives you duties to the people you sell to, and you are responsible for meeting them. You are also responsible for making sure that what you sell is safe and may lawfully be sold.
• Unless the law makes Pacta responsible for it, any tax on what you sell is your responsibility.

6. What is not allowed

• Listing anything outside the pilot: anything that is not a physical item for a home or garden, and in particular services, digital goods, food and drink, vehicles, property, live animals, weapons or medicines. We also do not cover tableware and dinner sets, cribs or heating stoves.
• Listing anything you may not lawfully sell, or anything stolen, counterfeit, recalled or unsafe.
• False or misleading descriptions, photos of a different item, or photos that are not yours.
• Listings you do not mean to honor, including listings made to find out what buyers want or will pay.
• Trying to find out who a buyer is, or what their limits are, before an order is made.
• Using a buyer's name, address or email address for anything other than their order.
• Interfering with the service: using it by automated means, trying to get around its limits, or probing it for weaknesses.
• Letting someone else use your account.

7. Your record

We record whether your orders are completed, and show buyers a measure of how reliably you complete them. It comes from recorded outcomes, not from reviews.

8. Your account

• You sign in with a link we send to your email address. Keep your email account secure: anyone who can read it can sign in as you, and can publish and change your listings.
• “Sign out everywhere” in the account menu ends every session on every device.
• Tell us right away if you think someone else has used your account.

9. Ending

• You can pause or withdraw your listings and stop using Pacta at any time. To close your account, write to [a contact address, to be added].
• We can pause or remove a listing, or pause or end your access, or the whole pilot, at any time, for example if these terms are broken.
• Orders already made stay between you and the buyer.

10. Our responsibility to you

• We will run Pacta with reasonable care.
• Pacta is free and experimental. We do not promise that it will always be available or free of mistakes, or that your agent will always act as you would have.
• We are not responsible for what a buyer does or fails to do, or for what you and a buyer agree between you.
• Nothing in these terms limits any liability that the law does not allow us to limit.

11. Changes to these terms

If we change these terms we will publish the new version here with a new version number, show it to you and ask you to accept it. Until you accept it you cannot publish new listings. Your live listings, and orders made from them, stay under the version you accepted before.

12. Law

These terms are governed by the law of the State of New York, without regard to its rules on conflicts of law.

13. Contact

[the operator's legal name, to be added]. Write to [a contact address, to be added].

This version applies from [a date to be set].