Terms & Conditions - Consignments

Terms & Conditions - Consignments

1.1 The following terms and conditions (Terms) between you, the customer (you, your) and Thrifty Baby (we, us, our) apply to the sale of goods and supply of services by us to you. In purchasing goods from us or engaging us to provide services, you agree to be bound by these Terms.

2.1 The following terms shall have the following meanings:
Admin Fee means the fee provided for on the Website to compensate our reasonable costs, including postage and administrative fees, of returning the Unsold Items to you.
Consigned Goods means goods you supply to us in a Consignment Pack for sale by consignment on the Website.
Goods means any goods we supply, or agree to supply, to you. 
Payout Structure means the fee structure described on the Website specifying the percentage of the Price owed to you for the sale of your Consigned Goods.
Price means the price payable for Goods displayed in your online shopping cart at the time of checkout, for the confirmed final price displayed at the time of checkout including delivery, if applicable. 
Consignment Services means the consignment store services we supply to you, including but not limited to:
(a) receiving the Consigned Goods;
(b) holding the Consigned Goods on consignment;
(c) listing the Consigned Goods for sale on the Website;
(d) paying the Funds to you in accordance with clause 3.8 (if any); and any other services we agree to provide you, subject to the Terms. 
Consignment Pack means the packaging or bag we provide to you in accordance with clause 3.1 for the purpose of providing the Consignment Services.
Unacceptable Goods means any Consigned Goods which are damaged, show signs of wear and tear, are not of a nature or kind we state on the Website that we are accepting, or we otherwise deem unsuitable for sale on the Website in our sole discretion. 
Website means www.thriftybaby.co.nz.

3.1 Consignment Packs: You may order a Consignment Pack through the Website. On receipt of an order we will send a Consignment Pack to you.
3.2 Accepted Items: You must only place items acceptable to us (Acceptable Items)
into the Consignment Pack and shall not place items into the Consignment Pack that are Unacceptable
3.3 Return of Consignment Pack: You shall return the Consignment Pack to us via courier using the prepaid
courier label provided. If you supply any Unacceptable Goods, we may discard or
donate the Unacceptable Goods in our sole discretion. We shall inspect the Consigned Goods upon receipt to determine which items we accept and which are Unacceptable Goods. You will be notified via email of any items we deem as unacceptable.
3.4 Appointment: You appoint us to sell the Consigned Goods by consignment on your behalf.
3.5 Price: We may set our own pricing for the Consigned Goods, in our sole discretion.
3.6 Sale: Subject to the Terms, we shall use reasonable endeavours to sell the Acceptable Goods via the Website.
3.7 Sale Period: We will list the Acceptable Goods on the Website for 90 days, or other
period of time we determine (Sale Period). At the end of the Sale Period, we will notify you via email a list of any Consigned Goods that remain unsold (Unsold Items). 
3.8 Options: Upon being notified under clause 3.7, you must inform us whether you wish the Unsold Items to be returned to you, or remain with us to be donated. 
3.9 Failure to notify: If you fail to notify us under clause 3.8 within three months of being notified under clause 3.7, then we may retain the Unsold Items to be donated at our discretion. 
3.10 Store Credit: Store credit shall be valid for 12 months, or as otherwise agreed by us in writing.
3.11 Misuse: If you misuse the Services in any way, including without limitation failing to return the Consignment Pack to us, providing an insufficient number of Consigned Goods or an excessive amount of Unacceptable Goods in the Consignment Pack, then we may charge you a fee to compensate our costs resulting from your misuse, including delivery costs or
costs for replacement Consignment Packs (if applicable), which we may deduct from the
amount owed to you under clause 3.7.

4.1 Risk in Consigned Goods: We will take responsibility for the Consigned Goods on receipt and will carry the full risk of liability. Our risk in the Consigned Goods will
continue until:
(a) for Consigned Goods sold, the point of dispatch described in clause 4.2; or
(b) for Unsold Items you wish to be returned to you in accordance with clause
3.8, the point of dispatch by us to the courier returning the Unsold Items to you. 
4.2 Title in Unsold Items: Title in Unsold Items will transfer to us:
(a) on you giving us notice in accordance with clause 3.8 that you do not want us to return the Unsold Items to you; or
(b) if you fail to notify us whether you want the Unsold Items returned to you within the period specified in clause 3.9, on expiry of that period. 

5.1 If you are in breach of these Terms, we may, in our sole discretion, without prejudice to any other rights and remedies, suspend our Consignment Services, cancel any Order, terminate (in whole or in part) the supply
of Goods and/or Consignment Services, or terminate these Terms.

6.1 The parties will endeavour to resolve any disputes in relation to these Terms and the supply of Goods and/or Consignment Services between them cooperatively in the first instance, prior to seeking resolution through the Courts.