Consignment Terms and Conditions

These Consignment Terms and Conditions (Terms) apply the consignment of goods by you, the consignor (you), to Painted Bird Limited trading as Painted Bird Vintage Boutique and The Aviary, the consignee (we, our or us). By delivering goods to us for consignment, you agree to the following Terms:

Acceptance of goods

Acceptance of your goods into stock for sale by consignment (Consigned Goods) will be determined by us at our sole discretion. We will itemise and inspect your goods upon receipt to determine which items we accept and which are unacceptable.

Goods must be in excellent condition and clean. Goods will be considered unacceptable if there is any damage (marks/stains, holes, damage, missing buttons, etc), wear and tear issues, or we otherwise deem the goods unsuitable for sale at our sole discretion.  We will notify you of the Goods we determine to be unacceptable. Unacceptable goods must be collected by you from the address stated below within 10 days of our notification, after which they will be disposed of or donated at our sole discretion. Alternatively, we may elect, with your consent, to have the goods cleaned or repaired and then accepted into stock, and the cost of the repair or clean will be deducted from any payments to be made to you.

A list of the Consigned Goods, including quantities and descriptions will be emailed to you.

Consignment Period

You appoint us to sell the Consigned Goods by consignment on your behalf.

We will endeavour to sell the Consigned Goods for 90 days, or such other period of time we determine (Consignment Period). At the end of the Consignment Period, we will notify you of any Consigned Goods that remain unsold (Unsold Items).

You will have 7 days after the date of our notification to arrange for the return (at your cost) or uplifting of the Unsold Goods, after which we may donate or dispose of the Unsold Items or continue to offer them for sale at our discretion (without any obligation to pay you any commission on the sale). We charge an admin fee of $10 per Unsold Item (subject to change) to compensate us for the costs involved in returning the Unsold Items to you. This fee must be paid by electronic bank transfer prior to uplifting or release of any Unsold Items.

Ownership and risk

You retain ownership of the Consigned Goods until they are sold (or your rights are forfeited under these Terms due to failure to collect the Unsold Goods at the end of the Consignment Period or a failure to uplift Consigned Goods you withdrew from sale).

While we will exercise reasonable care to safeguard your items, risk of loss (including shoplifting) or damage to the Consigned Goods remains with you. We recommend you maintain your own insurance cover on the Consigned Goods until they are sold.

Pricing and sales

We will set our own pricing for the Consigned Goods, in our sole discretion, including any discounting. 

You will receive 40% of the sale price (excluding GST) of sold Consigned Goods.

Payment terms

We will pay you within 7 days after the Consigned Goods are sold, unless you have notified us via email that you wish the amount to be held as store credit to purchase goods from us. Store credit will be valid for 12 months, or as otherwise agreed by us in writing.

Payment will be made electronically to your nominated bank account. 

Return of goods

You may withdraw one or more Consigned Goods from sale at any time up to the end of the Consignment Period by notifying us by email and arranging for the return (at your cost) or uplifting of the goods within 7 days of your email.  We charge an admin fee of $10 per withdrawn item (subject to change) to compensate us for the costs involved in removing the items from sale. This fee must be paid by electronic bank transfer prior to uplifting or releasing goods to you. Any Consigned Goods not collected within this timeframe will be donated or disposed of at our discretion. We will have no further obligation to you in respect of the Consigned Goods withdrawn from sale.

Amendment to Terms

We may amend these Terms from time to time by posting the updated terms on our website – www.paintedbird.nz. If you continue to consign goods with us after changes have been made, you will be deemed to have accepted the updated Terms for the next consignment.

Exclusivity

You agree not to list the Consigned Goods with any other sales platform e.g. Trade Me, Facebook, Instagram, DePop, GEM, Etsy, eBay, website, etc. You will not reproduce or copy any information or photographs from our website for further use.

Liability

To the greatest extent permitted by law, we will not be liable in any way whatsoever for any loss, damage, costs or liability arising in connection with the sale of Consigned Goods.

We will not be liable for delay or failure in the performance of any of the obligations in these Terms where such failure is beyond our reasonable control.

Other terms

• Collection of Unsold Goods or on a withdrawal of sale may be made only Monday to Friday (excluding public holidays) during 10am to 5 pm at the following address:

1 Titoki Place, Albany, Auckland

• The parties will endeavour to resolve any disputes in relation to these Terms between them cooperatively in the first instance, prior to seeking resolution through the Court.
• The Terms constitute the sole understanding of the parties and supersedes all prior understandings, written or oral, which will be of no further force or effect.
• Notices will be sufficiently given if successfully sent by email to the intended recipient. Our contact email address is hello@paintedbird.nz and yours is as provided to us.