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.

This agreement covers items you consign, meaning items you hand to the Reseller so it can sell them on your behalf while you keep ownership until they sell.

It does not cover items you sell outright. If you take instant cash at handover, you are selling those items to the Reseller there and then. Ownership passes immediately, the payment is final, there is no consignment period and no choice about unsold items, and nothing in this agreement applies to them.

The Schedule is the record for your specific consignment, described in clause 28.

The Agreed Value of an item is the price the Reseller set for that item when it checked your items in, as recorded in the Schedule. It is the figure used to work out what the Reseller owes you if the item is lost or damaged. It is not a promise that the item will sell, or that it will sell for that price.

The Consignment Period is the time the Reseller has to sell your items, and the Deadline Date is the day it ends. Both are recorded in the Schedule.

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.

As your agent for these items, the Reseller must act honestly and in your best interests.

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 consignment may create a security interest in your favour under the Personal Property Securities Act 2009 (Cth). You agree to Ragpiq registering that interest on the Personal Property Securities Register against the Reseller, and to giving us the information we reasonably need to do so. Registering it is what protects your claim to the items if the Reseller becomes insolvent.

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 law requires identification to be recorded for the person handing the items over. Where that applies the Reseller may ask you for identification at check-in, and is responsible for keeping those records as 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. Where Ragpiq arranges a courier to collect your items, the collection trip works the same way: the risk on that trip sits with you or the carrier, and the Reseller becomes responsible when the items reach it.

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.

When items are returned to you, the Reseller's responsibility ends when it hands them to you or to the carrier, and the risk on the return trip sits with you or the carrier.

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 must hold insurance covering the items in its possession against loss, theft and damage, for at least the total Agreed Value of the items it is holding. It must give Ragpiq evidence of that cover before it can take consignments, and must give you evidence on request.

Insurance does not change what the Reseller owes you. If an item is lost, stolen or damaged, clauses 7 and 8 apply whether or not the Reseller's insurer pays.

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.

To sell your items the Reseller will photograph them, write listings for them, and offer them for sale in its own shop and on third-party marketplaces such as eBay, Depop, Grailed, Vinted and Vestiaire Collective. Those listings are published under the Reseller's own accounts on those marketplaces, not under your name, and buyers deal with the Reseller rather than with you.

Which marketplaces are used is the Reseller's choice and it may change during your consignment. Listing across several marketplaces is how your items reach buyers, so it is part of the service rather than something you turn on or off item by item.

Your payout share and the Reseller's commission are recorded in the Schedule.

If the item sells on a marketplace such as eBay or Depop, that marketplace charges its own fee. The fee comes off the sale first, and your share and the Reseller's commission are then both worked out on what is left, so the two of you carry that fee in the same proportion as you share the sale. On a sale in the Reseller's own shop there is no marketplace fee, and your share is worked out on the full price.

Postage is not part of the amount that is split. It pays for sending the item to the buyer.

The only other amounts that may come off what you are paid are the ones this agreement provides for: a refund under clause 13, a handling cost under clause 17, and return postage under clause 16. Each is shown to you before it applies. There are no other deductions and no fees you have not agreed to.

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.

Sometimes a buyer returns an item after it has sold, or a sale is refunded or reversed. When that happens the sale is treated as reduced by the amount refunded, and your share is reduced in the same proportion. On a $100 sale paying you 60%, a $10 refund reduces your share by $6.

If you have already been paid, the difference is taken from your next payout, or from your credit balance at that shop if you were paid in credit. You can never be charged more than you were actually paid for that item, and if the whole sale is refunded you return your whole share for it and nothing more.

If the item comes back into the Reseller's hands it is covered by this agreement again, and the Reseller will tell you whether it is going back on sale or coming back to you.

You may be offered credit to spend at the Reseller's shop instead of a cash payout. Taking it is your choice and you never have to.

Credit is a claim on that shop, not on Ragpiq, and you can only spend it there. It may have an expiry date, which the Reseller sets and which is shown to you before you choose credit. That date can never be less than 12 months from the day the credit is issued, and we will remind you before it expires.

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.

The Reseller and Ragpiq will photograph your items and write descriptions of them in order to sell them. You give the Reseller and Ragpiq permission to use those photographs and descriptions, and any photographs you upload yourself, to list, market and sell your items and to promote Ragpiq and the Reseller's shop.

Photographs taken by the Reseller or by Ragpiq belong to whoever took them. Photographs you took stay yours, and this permission does not change that.

This permission continues after your consignment ends, but only so that listings and marketing already published can stay up. Once your items have been returned to you we will not start new marketing that uses them.

You will cover the Reseller and Ragpiq for claims, loss, and reasonable costs that arise from a breach of your promises in clause 18, 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.

You must not use Ragpiq to do anything unlawful, to consign items you are not entitled to sell, to interfere with the sale or return process, or to obtain money you are not entitled to.

If the Reseller or Ragpiq reasonably believes something of that kind is happening, it may pause the consignment, hold payment, and hold the items while the matter is looked into. You will be told what is happening and why, and anything held is released as soon as the matter is resolved. Nothing in this clause allows anyone to keep your items or your money once a matter is resolved in your favour.

The Reseller may stop using Ragpiq while it still holds your items. If that happens this agreement still binds it, and within 14 days it must either return your items to you at its own cost, or, if you agree, hand them to another Ragpiq shop to carry on the consignment on the same terms.

Ragpiq will tell you when this happens and will help arrange it. Ragpiq is still not a party to this agreement and does not become responsible for your items.

If something goes wrong, tell the Reseller first and the parties will try in good faith to sort it out. If that does not work, Ragpiq will try to help resolve it.

If it is still not resolved, you can take a consumer complaint to Consumer Affairs Victoria, and from there to the Victorian Civil and Administrative Tribunal. Those are free or low cost and are usually a better path than court for a dispute about a consignment.

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.

These Master terms may change over time.

A change to the commercial terms, such as your payout share, the commission, the consignment period or any fee, applies only to consignments agreed after the change. Your Schedule records the version of this agreement that applied when you agreed it, and a later change does not alter what you already agreed to.

There is one narrow exception. We may change these terms in a way that applies to consignments already running, or already finished, where the change is needed to comply with the law, to meet a regulator's requirement, or to deal with fraud, safety or misuse of the platform. We will tell you before that kind of change takes effect. If it leaves you materially worse off you may end your consignment straight away and have your items returned, at no cost to you and with no early-return handling cost.

Notices under this agreement are sent by email to the address on your Ragpiq account. That includes the reminder before your Deadline Date and any notice before unsold items are donated.

An email is treated as received on the next business day after it is sent. Keeping your email address up to date is your responsibility. We may also contact you by text message or in the app, but email is the address of record.

You agree to these Master terms and to your Schedule when you accept the Reseller's offer for your items. Before you accept, the offer shows you the price, your share, the consignment period, and what happens to items that do not sell, and links to this agreement.

The Reseller agrees to these Master terms and confirms your Schedule when it checks your items in and sends you that offer.

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, except as set out in clause 25.

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.

This agreement, together with your Schedule, is the whole agreement between you and the Reseller about these items, and it replaces anything said or written beforehand.

If any part of this agreement is found to be unenforceable, that part is removed and the rest of the agreement continues in force.

If a party does not enforce a right straight away, it does not lose that right.

The Reseller may not transfer this agreement to anyone else without your consent. It may store your items at another location it controls, and must tell you where they are if you ask.

The Reseller has no lien over your items. It may not hold on to them, sell them, or refuse to return them on the basis that you owe it money.