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KICKSTW Consignment Agreement

Effective as of 01 Feb 2017. (Last updated on 16/04/2024)

KICKSTW is a private organisation, and is not affiliated with the federal government. This Consignment contract is a private contract between KICKSTW and you, the consignor. KICKSTW management may unilaterally terminate any consignment agreement for noncompliance with the terms and conditions of the consignment agreement.

1: Nature and Scope: The Consignor and KICKSTW want to get into this Agreement whereby the Consignor distributes their respective item and KICKSTW accepts the consigned item and sells through their means of sale, as stated herein, under the terms hereof.

1.1: KICKSTW upholds the right to reject any of the Consignor’s items if the authenticity of the item cannot be guaranteed, or if the condition of the item is not within accordance to our standards. 

1.2: If an item is found to be unacceptable or not within the agreed terms we will ask the Consignor to retrieve the item within one week of the agreed terms. 

Consignment of Product/Item: KICKSTW Consignment programme offers Consignors the opportunity to have their items consigned through KICKSTW. KICKSTW will sell the item/s through all means within capability. 

  • The Flagship Store is located at Level 2 Royal Arcade, 314 Little Collins Street, Melbourne, VIC 3000
  • KICKSTW’s Exclusive Online Store ‘KICKSTW.COM.AU’ (dependent on item)
  • KICKSTW WECHAT Business Accounts (dependent on item)
  • Through our official eBay Store (depending on the item)

Please note that not all items will be posted online. Items will be posted online dependent on the item and will be viewed on an item-by-item basis. 




 

2.1: KICKSTW offers Consignors the following rates, 25% of the final sale price for items priced at AU$140 or above.

2.2: For all items priced below $140, KICKSTW charges a flat rate of $35 per item 

2.3: All items that are consigned are priced individually, including the 25% consignment fee charged by KICKSTW.

2.4: The 25% commission rate agreed upon by the consignor and KICKSTW is per item, not deducted from the entirety of the sale, if multiple items are consigned.

2.5: KICKSTW has a minimum consignment fee of AU$35 or 25%, whichever is greater will be charged.




 

3. Retrieving Consigned items: The KICKSTW contract covers a period on the sales floor of approximately 3 weeks beginning the date of consignment. 

3.1: If the Consignor needs to retrieve the item/s within the 3 weeks from the consignment settlement, they will be required to pay KICKSTW for the full amount of the consignment fee as the settling fee.

3.2: The settling fee for this would be the agreed upon value of the consignment fee. 

Generally, it will be AU$35 or 25% of the agreement selling price (whichever is greater will be charged).

3.3: Items may be claimed by the consignor during the time of the agreed 3 weeks period under the premise that the consignor pays 25% of the total ticketed price within the store, or if the item is valued at under $140, the consignor must pay the flat rate of $35 per item. The Consignor is eligible to withdraw their items from the holdings of KICKSTW once the 3-week period has concluded at no additional costs if the goods are not sold by then. 

Withdraw notice must be given via email and generally the consigned goods will be ready for the consignor to pick up once you receive a Ready-to-pickup confirmation message from KICKSTW.

  • Consignors will be given a one-week period to decide as to whether they extend the contract for an additional 3-week period or pick up their items within a one-week period. If we don’t receive further notice from the consignors within the one-week period, the items are entered into a contract of another 3-week automatically (same retrieval fee applies).
  • All consignors must retrieve their unsold items within the 8-week period from the day the item is consigned in store if the items are unsold. 

3.4: If the Item does not sell within the 3 weeks, and the consignors do not provide further instructions on the consigned goods. KICKSTW as a vendor, is able to have the price altered in order to liquidate the item quicker. The consignor agrees to let all consigned goods join all promotions by KICKSTW at any time given. 

The consignor cannot request the consigned item prices to be changed within the 3-week period, once the two parties agree to a price to have listed. 

3.5: KICKSTW will not be responsible for the misplacement of receipts, clothing packaging, and other contents that we do not require to sell the products. we will only be responsible for maintaining the original shoe box and other additional content from the release such as shoe laces, etc….

 

Ownership 

 

Once the 3-week period concludes, we will wait for further instruction by the consignors for any remaining items. if the consignor wishes to re-contract their items after this period you will have to inform us. 

However, if there is no response by the end of the first 21-day consignment period, we, KICKSTW will automatically contract your items for an additional period of 3 weeks.

If the consignor wishes to retrieve the item and withdraw its consignment status, the consignor must retrieve the items within 8 weeks. Failure to do so will result in KICKSTW obtaining ownership of the item(s) and therefore becoming the property of KICKSTW. KICKSTW retains the right to liquidate the item at our discretion once ownership is changed and the consignors cannot claim the goods nor money from KICKSTW once the ownership is changed.




 

Holding products

 

Please note that KICKSTW offers a Layby program.

we allow customers to put deposits for 30 business days to complete the sale. consignors are unable to retrieve their items within that 30-business-day period if their items are on consignment. 

Consignors will be updated with the status of their products in this case.




 

4. Payment: Once each item is sold and KICKSTW receives the funds from the Merchant systems in full, payments will be made in accordance with the details provided to us in the consignment agreement by both the Consignor and KICKSTW.

The consignor will then be informed of the sale and payment via email.

4.1: Once the sale is closed in-store, it may take up to 5 -10 business days for the payment to clear and enter the KICKSTW account from their respective Merchant services. Once the funds of sale are cleared into account, KICKSTW will make the payment within 15 business days depending on time. So the entire payment process may take up to 25 business days in the extreme case to clear into your account.

4.2: Prices that are listed on the website “KICKSTW.COM.AU” take into account additional fees imposed on the business from online merchant services such as payment and also cover credit card fees. Please note the additional 3-10 percent variation is to ensure that the Consignor nor KICKSTW lose any additional earnings from the 75%/25% consignment agreement as per subsection 2.2.

4.3: The agreed consignment sales price remains fixed for the first 21 days since the contract is agreed upon. All changes can be made once every 21 business days. 

Please allow up to 1-5 business days for the price changes to become effective. 

4.4: Customer Returns or Adjustments: From time to time, customers may make claims or seek adjustments in respect of latent defects or other claimed deficiencies with respect to products that we sell. We reserve the right, in our good faith judgment, to make allowances and/or accept returns of Goods, and in such circumstances, such allowances or returns will be treated as an adjustment to the net proceeds for purposes of calculating our respective shares of net proceeds for purposes of section 4 and above.




 

5: Risk of loss or damages:

5.1: KICKSTW shall have no liability to you or any third parties for any loss or damage to the Goods in transit to us, and you hereby indemnify us and hold us harmless in respect of any such damages.

5.2: KICKSTW has the full right to display consigned goods at our sole discretion and we offer prospective clients the opportunity to try on products in line with our commitment to providing the perfect fit. However, if you are unwilling to allow try-ons, please mention to our staff and we will make note of this during the consignment process.

5.3: We will endeavour to use reasonable care in the handling, display, and storage of your goods, using not less than the same degree of care which we utilize with respect to our own goods of a similar nature. However, if any of the goods are lost or stolen or are damaged or destroyed by fire, flood, customer handling, or other causes beyond our reasonable control, then, except to the extent of any third-party insurance proceeds that we actually collect in respect of such goods, the risk of loss remains with you, and we assume no responsibility or obligation to make any payment or reimbursement in respect of any such loss or damage, or for any special or consequential damages including the yellowing, glossing of materials due to any form of chemical aging, oxidization, or any other aging process.  

5.3: We make no assurance that our insurance will provide coverage for the goods or the amount that any insurer may pay in respect of any casualty relating to the goods.



 

6: Authenticity: 

6.1: each consignor is responsible for the authenticity of the item. All items that are proven to be unauthentic through the store will be subject to a strict review and the consignors must pay for any losses made through the sale of unauthentic products.

6.2: If any item is returned due to concerns surrounding its status of authenticity, the consignor will be given the period of one week to retrieve the items. 

  • Failure to obtain the items after the 1 week period will mean that KICKSTW obtains the authority to rightfully dispose of the item at our own discretion. 




 

7.7. Proof of ownership and personal details: KICKSTW strives and succeeds in its commitment to following the rules and regulations. All items that are brought in by an individual for consignment must prove to have been legally obtained. KICKSTW will require state-issued I.D. to ensure that the items are linked to their rightful owner. Alongside authentication of Identity, KICKSTW requires you to leave your Account Name, BSB, and Account Number in order to receive and have payment processed. All payments made will be addressed to you as per the name on the I.D. provided to us.

7.1: All Consignors must have a sufficient form of Identification for KICKSTW to keep on record. The following Identification will be accepted. (Must Contain a Photo of you) 

– Australian Passport

– International Passport + Proof of address (utility/ phone bills)

– Government-issued driver’s license/Probationary license.

– Australian Proof of Age Card

– Student I.D card + Proof of address (utility/ phone bills)

7.2: The identification will not be used, sold, or dispersed and will remain within the control of KICKSTW.

7.3: The identification will be used only to authenticate and link ownership of the consigned goods if the Police or insurance company requires proof of ownership.




 

8.8. Consignor details: KICKSTW requires the following information from the consignor in order to process payments once sales are finalised. The information will solely be used by KICKSTW to monitor customer/consignor individual inventory and allow us to make contact if needed.

8.1: The Consignor will be required to provide KICKSTW with their Banking Details in order to receive payment.

8.2: The bank account holder’s name must match the name on the identification provided to us when lodging the items to have consigned.

8.3: If the consignor is under the legal age of 18, they must require the legal guardian to serve as their guarantor for the items given to KICKSTW to consign.

8.4: KICKSTW requires the following banking details from its consigners. 

Consignor Full Legal Name

Australian Bank Account Name

BSB Number

Account Number

8.5: KICKSTW takes no responsibility if incorrect payout banking details are provided by the consignors.




 

9: Miscellaneous: 

This Agreement constitutes the sole and entire agreement between you and us KICKSTW regarding the subject matter hereof, and neither you nor us has made any representation or warranty except as expressly stated above. No amendment of this Agreement, or any waiver hereunder, will be valid unless evidenced by a further written agreement signed by you and us. This Agreement is binding on and enforceable by you and us and your and our successors and assigns. This Agreement will be governed by and construed in accordance with the laws of the State of Victoria, Australia.

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