Consignment Agreement

 

Use Ta!

 

Consignment Agreement

 

At Use-Ta! we provide excellent quality preloved maternity, baby and children’s clothing on a consignment basis.

 

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").

 

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 for sold items to the Consignor each month.

 

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.

 

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 into a Consignment Agreement at our discretion entirely.

 

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 that you are consigning and have full title to sell them.

 

 

  • Title & Consignment of Goods

The Consignor owns the Items, and under this Agreement, you grant to 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) and that the Item(s) until the consignment period ends, and the Item(s) is not intended as a security of any kind.

 

  • Delivery

Initial assessment

  1. The Consignor will book an appointment time online via the website 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 from a smoke-free environment, in good condition, laundered, dust-free, stain and soil-free, and folded neatly.
  4. Items deemed fit for sale are retained by the Consignee for further detailed assessment and processing.
  5. A further detailed assessment of the Items may take between 24 hours and 14 days.
  6. If an item does not meet our high-quality aesthetic and practical standards, the Consignee reserves the right to reject that Item for sale and dispose of items that are found to be unfit for sale after processing without notice to the Consignor.
  7. Use-Ta! does not repair or launder items and does not accept unsafe items.
  8. Rejected items on the day of the initial appointment are returned to the Consignor.

 

 

  • 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
    1. 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. 
    2. 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 and take no responsibility for lost funds. 

 

  • Consignment Communication
    1. You will be informed by email of the following.
      1. Confirmation of your Consignor Account details.
      2. Items approved for sale on consignment including a unique barcode.
  • The retail selling price of the Items.
  1. Consignment payment percentage details.
  2. Consignor credit account balance.
  3. A link to a copy of this Agreement.

 

  • Consignment Period
  1. The consignment period commences on the date of acceptance of the Items and ends 56 days from that date.
  2. If an Item, or Items have not sold at the end of the consignment period, the Items become the property of the consignee, and will be donated to charity, disposed of or sold at our discretion. 

 

  • Pricing
  1. Use-Ta! reserves the sole right to determine the selling prices on the Items accepted for sale, based on experience, knowledge of comparable items and Item condition.
  2. We reserve the right to markdown or discount an item at our discretion.
  3. Items are automatically marked down by 50% 42 days after acceptance.

 

  • Consignment Fees & Payment
  1. Use-Ta! will pay the Consignor a consignment fee of 40% of the final selling price of the consigned Item.
  2. When an Item is sold within the consignment period, 40% of the price received is credited to the Consignors Account.
  3. At the end of each month, Use-Ta! will calculate the consignment credit owed, and will distribute consignment payouts during the first week of the following month to the Consignor’s nominate bank account.
  4. Use-Ta! retains the right to charge a processing fee of $3.40 for each Item that a consigner wishes to have returned to them after initial processing has taken place. 
  5. All fees and payments are in Australian Dollars.
  6. Accumulated consignment fee amounts in the Consignors Account may also be used in-store (store credit) at any time prior to the end of the month.

 

  • Loss and Damage
  1. The Consignee shall be liable for any loss occurring to the Items after acceptance and before the sale.
  2. 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:

  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
  2. any breach of this Agreement.
  3. The indemnity does not apply to any claim caused by negligence or breach of this Agreement by the Consignee.

 

  • 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 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.

 

  • 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.

 

  • 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:
    1. 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.
    2. You agree to meet 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.
  1. Both parties must attend the mediation provided by VSBC, in good faith, to seek to resolve the dispute.
  2. Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party, is unsuccessful.
  3. 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.

           

 17/11/2024