Master Consignment Agreement

This agreement is between you, the Consignor (the owner of the items), and the Reseller (the shop that will hold and sell the items on your behalf). It is made up of these Master terms together with the Schedule for your consignment.

Ragpiq provides this standard agreement and the technology platform. Ragpiq is not a party to the consignment, is not the bailee, is not the seller, and is not your agent for sale. Ragpiq does not take possession of, store, value, authenticate, or insure the items.

You appoint the Reseller as your non-exclusive agent to offer and sell the items in the ordinary course of the Reseller's business, on the terms of this agreement and the Schedule.

You keep ownership of each item until it is sold to a customer. Until then the Reseller holds the item as a bailee for reward on your behalf, with possession and a limited authority to sell, and gains no ownership interest.

As a bailee for reward the Reseller owes a duty to take reasonable care of the items, and if an item is lost or damaged the onus is on the Reseller to show that it took reasonable care.

This applies to every consignment, however the items reach the Reseller, whether dropped off in store, brought in person, or shipped and unboxed by the Reseller.

When the Reseller takes possession it records, through the Ragpiq check-in, photographs of the items, the condition in which they were received, and the date and time. This is the agreed condition baseline and the point at which the Reseller's duty of care begins.

For items in categories regulated by the Second-Hand Dealers and Pawnbrokers Act 1989 (Vic), such as jewellery and watches, the Reseller is responsible for any seller-identification and record-keeping the law requires.

The Reseller's responsibility and risk begin when it takes possession of the items. For items shipped to the Reseller, the risk during transit before the Reseller receives them stays with you or the carrier, not the Reseller.

While the items are in the Reseller's possession the Reseller must take reasonable care of them and carries the risk of loss, theft, or damage. If that happens, the Reseller will pay you your payout share of the item's Agreed Value as recorded in the Schedule.

The Reseller's liability for any item is limited to your payout share of that item's Agreed Value. Items with an Agreed Value of $5,000 or more are not covered by this limit and must be the subject of a separate written arrangement, or the Reseller's own insurance, before the Reseller accepts them.

Nothing in this agreement excludes, restricts, or changes any consumer guarantee or other right that cannot lawfully be excluded under the Australian Consumer Law. Where liability cannot be excluded, it is limited to the maximum extent the law allows.

The Reseller is responsible for insuring the items in its possession against theft and damage, and will provide evidence of cover on request. The exact insurance obligation is to be confirmed on legal advice before this agreement goes live.

The listing price and any markdowns follow the pricing approach recorded in the Schedule, which is one of: locked (no discount), floor (discount down to an agreed minimum), or open. The Reseller will not discount below an agreed floor or outside the agreed approach without your consent.

Your payout share and the Reseller's commission are recorded in the Schedule. When an item sells, your share is paid to you through the platform's normal payment process and timing.

For GST, you are the principal and supplier of the items, and the Reseller acts as your agent and is responsible for GST on its commission only. Ragpiq charges GST on its platform fee.

The consignment period is set by the Reseller, between 6 and 18 weeks, or is open-ended, as recorded in the Schedule. It runs from the day the Reseller receives the items to the Deadline Date.

You will get a reminder about a week before the Deadline Date. For an open-ended consignment, either you or the Reseller may end it by giving 14 days' notice.

Items that are unsold at the Deadline Date are dealt with according to the choice you made when you uploaded them, recorded in the Schedule: either returned to you, with return postage at your cost and free collection in person, or donated to a charity partner.

Unsold items are never taken or kept by the Reseller. You will be given notice and a reasonable chance to collect your items before anything is donated.

You may take unsold items back before the Deadline Date by arranging it with the Reseller. Any handling cost is shown in the Schedule before the items are handed over.

You confirm that you own the items and have the right to sell them, free of any security interest; that they are genuine and not counterfeit; that they are accurately described and in the condition you have represented; and that selling them does not infringe anyone else's rights.

You will cover the Reseller and Ragpiq for claims, loss, and reasonable costs that arise from a breach of your promises in clause 13, such as a problem with title, authenticity, or someone else's rights. This cover is limited to matters that are your responsibility and does not extend to the Reseller's or Ragpiq's own negligence.

If the Reseller reasonably believes an item is counterfeit or was not lawfully obtained, it may decline to sell the item and hold it while the issue is resolved, and may meet any obligation it has to report the matter.

If something goes wrong, the parties will try in good faith to sort it out first. This agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of its courts. Your rights that cannot be excluded under the Australian Consumer Law are not affected.

You agree to this agreement and your Schedule by confirming the key conditions when you upload or check in your items. The Reseller agrees once when it joins Ragpiq, and confirms each Schedule when it receives your items.

Each Schedule records the version of this agreement that applied when it was agreed, so a later change to these Master terms does not change what you already agreed to.

The Schedule is the record for your specific consignment. Together with these Master terms it forms your contract. It records the parties, the items and their Agreed Values, the pricing approach, your payout share, the consignment period and Deadline Date, your choice for unsold items, the receipt photographs and the Reseller's confirmation, the reference number, and the dates the agreement was confirmed.