Consignment Agreement

This Consignment Agreement ("Agreement") is legally binding and forms the entire agreement between us, Second Hand First ACN 650 392 591, trading as Use-Ta! ("we" or "Consignee"), and you (the "Consignor").

 

This Agreement clarifies the roles, expectations, and mutual obligations of the parties involved in the consignment relationship. 

In this Agreement, the Consignor wishes to sell a particular 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 Item and making proper payment for sold items to the Consignor.

It is expected that you will sign and return this Agreement in person or online. If the Agreement in not signed, 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. 

Use-Ta! may accept or refuse to enter a Consignment Agreement at our discretion.

To request amendments to, or to gain clarification about, this Agreement, please email hello@use-ta.com.au.

 

The Parties agree to the following terms.

1.        Eligibility

By using the services, you represent and warrant that you:

  1. Are at least 18 years of age.

  2.  Are a resident of Australia.

  3. 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.

  4.  Own the Items and have the requisite title to sell them.

 

2)        Title & Consignment of Goods

Under this Agreement, you grant Use-Ta! the right to sell the Items in our Thornbury or Brunswick stores, and/or via our websites.

  1. Title of the Item(s) will remain with you (the Consignor) until the Item is purchased, or until the end of the consignment period (56 days). 

  2. You grant this right to Use-Ta! exclusively and are not listing the Items for sale in any other store or platform.

  3.  Use-Ta! agrees it does not have any right, title, or interest in and to the Item(s) until the consignment period expires, and the Item(s) is not intended as a security of any kind.

 

3)        Delivery

  1. The Consignor will book an appointment online with the Consignee to deliver the items into the store for an initial assessment.

  2.  The maximum number of items at the initial assessment is 50 unless otherwise agreed to by the Consignee.

  3.  Items must be: safe for use, in good condition, from a smoke-free environment, laundered, and free of damage, stains, odours, dust and dirt.

  4. Use-Ta! does not repair or launder items and does not accept unsafe items.

  5.  Rejected items on the day of the initial appointment are returned to the Consignor.

  6.  Items deemed fit for sale are retained by the Consignee for processing. Processing will be completed within 48 hours.

  7. If an item does not meet our aesthetic and practical standards, the Consignee reserves the right to reject that Item for sale and dispose of the item without notice to the Consignor. 

 

4)        Consignor Account

You will be required to provide the following information to create your Consignor Account: 

  1. Full name 

  2. Email address

  3.  Phone number

  4. Bank details

i)            It is your responsibility to provide accurate details within 60 days of your consignment appointment. Failure to provide accurate bank details within this timeframe will result in forfeiture of payment. 

ii)         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 will not be able to recover these funds. 

 

5)        Consignment Communication

You will be informed by email of the following:

  1. Confirmation of your Consignor Account details.

  2. A list of Item(s) approved for sale on consignment, including a Stock Keeping Unit (SKU) for each.

  3. The selling price of the Item(s) minus the item fee.

  4.  Consignor credit account balance.

  5.  A link to a copy of this Agreement.

 

6)        Consignment Period

  1.  The consignment period commences on the date of acceptance of the Items and ends 56 days from that date. If an Item(s) has/have not been sold or collected by the Consignor at the end of the consignment period, the Item(s) become the property of the Consignee, and will be donated to charity, disposed of or sold. 

  2.  If an Item has been accepted out-of-season, it may be stored. In this case, the consignment period will start on the day that the item is put out for sale.

  3.  Consignors may collect their item(s) at any time before the end of the consignment period. Any items that have been withdrawn from sale by the consignor must be collected within 24 hours, or the item will be disposed of.

 

7)        Pricing

  1.  Use-Ta! reserves the sole right to determine the selling prices of Item(s) accepted for sale. Pricing is based on previous sales data, the Item’s recommended retail price, condition, and customer demand.

  2. Items are automatically discounted by 50% 42 days after acceptance.

  3. We reserve the right to markdown or discount an item at our discretion.

  4.  A 95c fee is added to the price of each item, this item fee is paid by the Purchaser at the time of sale.

 

8)        Consignment Fees & Payment

  1.  A $5 establishment fee will be applied to each new account, or to any account that is being reactivated after a 12-month period of no activity.  

  2. When an Item is sold within the consignment period, 40% of the price received is credited to the Consignors Account, minus the item fee and establishment fee where applicable.

  3.  Accumulated consignment earnings may be used as store credit at any time.

  4.  Payouts will be issued automatically only for consignor balances exceeding $50; balances of $50 or less must be requested via email or collected in-store upon presentation of valid photo identification.

  5. Payments that remain uncollected after 36 months may be forfeited.

  6.  All fees and payments are in Australian Dollars.

 

9)        Loss and Damage

  1. The Consignee is liable for any loss occurring to the Item(s) after acceptance and before the sale of the Item or the expiry of the consignment period.

  2. The Consignee must maintain insurance in an amount equal to or greater than the replacement cost of the Item.

 

10)  Warranty and Indemnification

Use-Ta! warrants that consignment services will be carried out:

  1. diligently, with proper care and skill; and

  2. 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:

  1. 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.

 

11)  Limitation of Liability

  1.  All implied terms are expressly excluded in this Agreement.

  2. Terms required to be included or modified by Legislation are deemed to form a part of this Agreement.

  3. 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.

 

12)  Termination

This Agreement may be terminated by either Party, upon notice in writing of at least 14 days' notice, if

  1. The Consignee defaults on any obligation or indicates to Consignor that Consignee will not perform.

  2. The Consignee determines that the relationship is no longer in the best interests of the business.

  3. In case of termination of this Agreement, both parties will be notified.

  4. The Consignor is required to collect any remaining Items within 14 days of termination.

  5. Uncollected Items will be donated to a charity of the Consignee's choice.

 

13)  Dispute Resolution

You understand and agree:

  1. You will contact the Consignee immediately with any concerns so that they may be resolved quickly and effectively through friendly consultation.

  2. In the event of a dispute, you agree to the following Dispute Resolution Procedure:

i) 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.

ii) You agree to meet in good faith to seek to resolve the dispute by agreement and compromise.

iii)      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.

iv)      Both parties must attend the mediation provided by VSBC, in good faith, to seek to resolve the dispute.

v)         Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party, is unsuccessful.

vi)      Confidentiality is paramount to both parties’ personal and professional reputation and standing in their business and community.

vii)   At no time will any communications or discussions be made public, including any social media platform of either Party.

viii)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.

 

14)  Relationship of The Parties

The Parties agree that 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.

 

15)  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.

           

Updated 07/05/2025