At Use-Ta! we provide excellent quality preloved clothing for babies, children, and pregnant women on a consignment basis.
This Consignment Agreement ("Agreement") is legally binding and forms the entire agreement between us, Use Ta! ABN 20 713 797 964 ("we" or "Consignee"), and you (the "Consignor").
In this Agreement, the Consignor wishes to sell a particular Preloved Item or Items (the "Item”), specifically the Item(s) accepted by the Consignee as suitable for sale on consignment.
The Consignee wishes to sell the Item(s) on behalf of Consignor, including accepting delivery of the Items and making proper payment to Consignor each month once the sale of the Items is complete.
The purpose of this Agreement is to clarify the roles, expectations and mutual obligations of the consignment relationship so that moving forward both Parties enjoy the business experience.
While it is expected that you will sign and return this Agreement to us, you are deemed to have read and accepted the Terms and Conditions contained in this Agreement when you deliver your Items to Use-Ta! for sale by consignment under this Agreement.
To request amendments to, or to gain clarification about, this Agreement, please email firstname.lastname@example.org.
The Parties agree to the following terms.
- By using the services, you represent and warrant that you are
- At least 18 years of age
- Are a resident of Australia
- Have full power and authority to enter into this Agreement, and in doing so, you will not violate any other agreement to which you are a party.
- Use-Ta! may accept or refuse to enter into a Consignment Agreement at our discretion entirely.
- You agree to engage with Use-Ta! employees respectfully and accept Use-Ta!'s undertaking to apply reasonable effort to sell your items; however, we do not guarantee that your items will sell within the expected timeframe.
- Title & Consignment of Goods
- The Consignor owns the Items, and under this Agreement, you grant to Use-Ta! the right to sell the Items.
- Title of the Item(s) will remain with you (the Consignor) until the Item is purchased.
- You grant this right to Use-Ta exclusively.
- You understand this exclusive right means that you cannot list the Items for sale in any other store or platform.
- Use-Ta! agrees it does not have any right, title, or interest in and to the Item(s) and that the Item(s) is not intended as a security of any kind.
- The Consignor will book an appointment time online via the website with the Consignee to bring the items into the store for an initial assessment.
- The maximum number of items at the initial assessment is 25 unless otherwise agreed to by the Consignee.
- Items must be from a smoke-free environment, in good condition, laundered, dust-free, spot and soil-free, and folded neatly for our examination.
- The Items are sorted, and those units deemed fit for sale are retained by the Consignee for further detailed assessment.
- If an item does not meet our high quality aesthetic and practical standards, the Consignee reserves the right to reject that Item for sale.
- Use-Ta! does not repair or launder items and does not accept unsafe items.
- Rejected items on the day of the initial appointment are returned to the Consignor.
- You will be required to provide the following information to create your Consignor Account:
- Full name
- Bank details
- Email address
- It is your responsibility to provide accurate details.
- Use-Ta! will not be responsible for delayed payment caused by the provision of incorrect bank details. If you have provided incorrect bank details, we may not be able to recover these funds and take no responsibility for lost funds
- A further detailed assessment of the Items may take between 24 hours and 14 days.
The Consignor will be requested by email to collect Items rejected after detailed assessment personally.
- You will be informed by email of the following
- Confirmation of your Consignor Account details
- Items approved for sale on consignment including a unique barcode
- The retail selling price of the Items (NB: this is not set at the initial assessment)
- Consignment payment percentage details
- Account balance
- A copy of this Agreement.
- The Consignor agrees to collect the rejected items within 14 days of email notification.
- The Consignor agrees that uncollected items will be donated to a charity of our choice after 14 days.
- Use-Ta! reserves the sole right to determine the retail prices on the Items accepted for sale by consignment.
- Our pricing is based on experience, knowledge of comparable items and Item condition.
- We reserve the right to markdown or discount an item at our discretion.
- Items are automatically marked down by up to 50% if they remain unsold after 6 weeks.
- Consignment period
- The consignment period commences on the date of acceptance of the Items and 8 weeks from that date.
- If your items have not been sold, we will notify you to collect them via email. This email will include a list of the items that need to be collected.
- You must give us 24 hours’ notice in writing if you would like someone else to collect your items.
- We reserve the right to return items to the consignor at any time during the consignment period.
- All unsold items that are not claimed after 14 days of notification to collect become the property of the Consignee and will be sold or donated.
- You may opt to have your unsold items to charity automatically at the end of the consignment period.
Consignment period renewal
- Use-Ta reserves the right to renew the Consignment Period for a further period and will do so by agreement with the Consignor.
- Consignment fee
- Use-Ta will pay the Consignor a consignment fee of 40% of the final selling price of the consigned Item.
- When an Item is sold, 40% of the price received is credited to the Consignors Account.
- The amount of credit in your Consignor account is paid to your nominated bank account on the first business day of each month.
- All payment is in Australian Dollars.
- Accumulated consignment fee amounts in the Consignors Account may also be used in-store (store credit).
- Store credit can be used anytime within the consignment period provided there is credit in your Consignor account.
- Remaining funds in the Consignor's Account will be remitted to the Consignor's nominated bank account on the first business day of each month.
- Loss and damage
- The Consignee shall be liable for any loss or damage occurring to the Items after acceptance and before the sale.
- The Consignee must maintain insurance in an amount equal to or greater than the replacement cost of the Item.
- Warranty and indemnification
- Use-Ta! warrants consignment services will always be carried out:
- with proper care and skill; and
- in accordance with the terms of this Agreement.
- The Consignor indemnifies the Consignee against any legal claims whatsoever arising out of and in connection with:
- the carrying out of, or failure to carry out the consignment services; or
- any breach of this Agreement.
- The indemnity does not apply to any claim caused by negligence or breach of this Agreement by the Consignee.
- Limitation of liability
- All implied terms are expressly excluded in this Agreement.
- Terms required to be included or modified by Legislation are deemed to a part of this Agreement.
- Any claim by the Consignor for loss or damage shall be limited to re-supply of services, repair or replacement with items of equivalent value or the cost of the retail value of the items less the consignment fee, at the Consignee’s option.
- This Agreement may be terminated by either Party, upon notice in writing of at least 14 days' notice, if
- either Consignee defaults on any obligation or indicates to Consignor that Consignee will not perform; or
- that Consignee feels the Item will not be sold.
- In case of termination of this Agreement, Consignee will notify the Consignor of the termination.
- The Consignor is required to collect the Items within 14 days of termination.
- Uncollected Items will be donated to a charity of the Consignee's choice.
- Dispute Resolution
You understand and agree:
- You will contact the Consignee immediately with any concerns so that they may be resolved quickly and effectively through friendly consultation.
- In the event of a dispute you agree to the following Dispute Resolution Procedure:
- You must advise the Consignee in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.
- You agree to meet in person or over the phone, in good faith to seek to resolve the dispute by agreement and compromise.
- If an agreement cannot be reached to resolve the dispute, any party may refer the dispute to the Victorian Small Business Commission (VSBC) for direction and mediation.
- Both parties must attend the mediation provided by VSBC, in good faith, to seek to resolve the dispute.
- Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party, is unsuccessful.
- Confidentiality is paramount to both parties personal and professional reputation and standing in their business and community.
- At no time will any communications or discussions be made public, including any social media platform of either Party.
- Any public discussion or comments about either Party will be considered defamatory, harmful or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
- Relationship of The Parties
The Parties agree nothing in this Agreement creates a partnership, joint venture, agency relationship or otherwise between the Parties and that this Agreement is for the sole and express purpose of the consignment and sale of the Items.
- Governing law
The laws of the State of Victoria govern the performance of this Agreement.
By proceeding with placing your items with Use-Ta! for sale by consignment you are deemed to have read, understood and accepted the terms and conditions of this Agreement.