Consignment Terms & Conditions
Mercado 32 Pty, Ltd
ABN 70 607 156 203
Sign our Contract Online before you come in or complete in store.
These Terms and Conditions create a contract between You (also referred to as “Owner”) and Mercado 32 Pty., Ltd t/a Mercado 32 (the "Agreement"). Please read this Agreement carefully. To confirm your understanding and acceptance of the Agreement, click "Agree" and electronically sign the Agreement. You must agree to this Agreement if you wish to consign goods through Mercado 32.
Mercado 32's Terms of Service, located at: https://mercado32.com.au/pages/consignment-terms, are also included in this Agreement and apply to your and Mercado 32’s activities under this Agreement.
1. At Mercado 32, we sell items (collectively, the “Property”) on a consignment basis. This means that you, not Mercado 32, will still own the property, even after you transfer physical possession of the Property.
RECEIPT OF PROPERTY
2. You attest that you have legal title to the Property and you will need to present some form of government issued photo ID to our staff to set up your account.
3. At the time you drop off your Property, you will receive an estimated processing date on which we will contact you by email with the itemised list of clothing we have accepted into stock and their prices.
- Any unaccepted items will not be listed on your account.
- We ask that you check your email on that day to view this list.
- If you have not received an email from us by your processing date please contact us immediately.
- Items uncollected after 7 days may be donated or on-sold at our sole discretion and will incur a $5 admin-storage fee that will be charged to your account.
PRICING; EFFORTS TO SELL; CONSIGNMENT PERIOD
5. Mercado 32, in its sole discretion, sets the price on all items and we do not guarantee any prices.
6. We will take all commercially reasonable efforts to market and sell your items, including the occasional sale or in-store promotion.
7. We reserve the right to, on occasion, use your items for promotional purpose and marketing.
8. Your items are in store for 60 days and we reserve the right to adjust the asking price at any time. The 60-day consignment period starts from the date listed on your itemised intake list.
9. Upon sale of your item, we will pay you your choice of either 25% cash or 40% store trade credit of the final selling price, ex GST.
- You will receive email notification of the sale, unless you have requested in writing that Mercado 32 does not send you these email notifications.
10. You must present your photo ID to receive payment. Cash payment of under $100 will be made in-store by cash; payments over $100 will be made by bank transfer.
11. Payments must be collected or redeemed with in two (2) years of the date of sale.
12. Mercado 32 reserves the right to defer payment for up to seven (7) working days, but this would only be in the case of a large payout request.
WITHDRAW OF PROPERTY; RETURN OF UNSOLD PROPERTY
13. You can withdraw your Property at any time, but you must do so before the expiry date provided on your itemised intake list (§3). To withdraw, you must locate your Property in store and notify a staff member, who will then manually adjust your account. This excludes items on lay-by.
14. Immediately after the end date of the consignment period (60 days), we will notify you via email if you have any unsold items.
- These unsold items must be collected within seven (7) days of the notification.
- All garments not reclaimed by you within seven (7) days of the end of the consignment period will be disposed of at our sole discretion. At times, this may include being resold.
COUNTERFEIT; RISK OF LOSS
15. As the Owner, you attest to the authenticity of all consigned items, and have not knowingly requested the resale of counterfeit goods. Items deemed to be counterfeits will either be returned to you for a $50 handling fee or be destroyed and discarded.
16. You attest that you have legal title to and are in legal possession of all items that are being consigned.
17. Clothes will be only taken into stock on the basis that you accept all risk of loss or damage (including shoplifting) while their clothes are with us. We will, however, exercise reasonable care with your items at all times.
18. It is your responsibility to eliminate any Property with visible defects or stains before consigning them. Items found to have a defect or stain will be Returned pursuant to §14.
19. We ask the Owner to take sole responsibility at all times for keeping in contact with Mercado 32 to determine if the Property has been accepted into stock, the Property has sold, for collecting any payments due and withdrawing any Property the Owner may want back.
20. Please ensure you provide us with your current email address and contact details to ensure system-generated communications (3 Itemised List, §9 Items Sold, §14 Return Items) are received.
21. Mercado 32 reserves the right to update or change any of the Terms and Conditions of this Agreement at any time and will provide you with notification via email. Revised terms will not apply to items already accepted for consignment prior to the effective date of those revised terms.
[rev. Nov 2018]
PLEASE NOTE: If you sold to us between November 2015 and 30 June 2018 under our old intake system and received store credit, that store credit has a validity date of 6 (six) months from the date of issue per the Terms & Conditions in place during that time period. If you have any questions about your credit status, please contact us in writing, email@example.com