Consignment seller terms
How selling with us works.
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Draft. These terms are a draft and may change before we open to sellers.
Pig Creek Homestead Pty Ltd (ABN 94 635 523 385), trading as Primal Pastures Tasmania and Fingal Post Office Postal address: PO Box 404, Fingal TAS 7214 Draft, updated 28 October 2026
1. About these terms
1.1 These terms apply when you (the Seller) offer goods for sale through us (we, us, the Store) in our shop at Fingal or on our website. 1.2 We sell your goods as your agent. You own the goods until they are sold to a buyer. We never buy them from you, unless clause 11 applies to goods left uncollected. 1.3 These terms, your approved application, and the item record for each item make up our agreement. If they conflict, the item record wins for that item, then these terms. 1.4 We aim to keep these terms fair and balanced. Nothing in them limits any right you have under the Australian Consumer Law (ACL) or any other law that cannot be excluded.
2. Eligibility and approval
2.1 To sell with us you must be 18 or over (or have a parent or guardian sign on your behalf), and give us accurate details: your name, contact details, bank account for payouts, and, if you have one, your ABN and GST registration status. 2.2 You apply using our online application form. On the form you either accept our standard commission rates (clause 7.1) or propose a different commission rate, with a short note if you like. We review every application and may approve or decline it. If we decline, we will tell you the reason. 2.3 Once approved, you get a seller account on our website. 2.4 If you propose a different rate, we will accept it, make a counter-offer, or decline it and offer our standard rates. A counter-offer or the standard rates apply only if you accept them using the link or button we send, within 14 days. If you do not accept in that time, the offer lapses, your application does not go ahead, and nothing is owed by either of us. You may propose a new rate at any time.
3. Your seller account
3.1 Keep your login details private and do not share your account. You are responsible for activity on your account unless it happened without your fault (for example, a breach of our systems). 3.2 Tell us straight away if you think someone else has used your account. We may suspend access to protect you while we check. 3.3 You can view your items, sales, and payouts and request changes to listings. Changes do not take effect until we approve them (see clause 6).
4. Accepting and refusing items
4.1 We may accept or refuse any item, for example based on condition, demand, available space, safety, or suitability for our shop. If we refuse an item we will tell you the reason. 4.2 Items must be clean, in working order (unless clearly described otherwise), and accurately described by you. 4.3 For each accepted item we create an item record with its description, condition, price, SKU, start date, any handling fee, and expiry date. We will send you a copy or show it in your account. Please check it and tell us within 7 days if anything is wrong. 4.4 Every item gets a barcode label with its SKU. Please do not remove or swap labels.
5. Prohibited items
Consignment goods only need to meet this clause 5 and the law. You must not offer, and we will not accept: - stolen goods or goods you do not have the right to sell; - goods subject to a recall, or that do not meet a mandatory Australian safety standard or information standard (for example, certain children's products, cots, toys with small parts, button batteries, and some electrical goods); - unsafe goods, including faulty electrical items, damaged helmets or child car seats; - counterfeit or pirated goods, or goods that infringe someone's intellectual property; - firearms, firearm parts, ammunition, prohibited weapons, or explosives; - food, drink, or other consumables unless you hold the approvals, registration, and labelling required under Tasmanian food law and give us proof; - alcohol, tobacco, vapes, medicines, or anything else needing a licence to sell; - live animals, or plants or produce restricted under Tasmanian biosecurity rules; - wildlife or wildlife products from protected or threatened species, or from any animal taken without the authority Tasmanian law requires; - anything else that is illegal to sell in Tasmania or Australia. If we find a prohibited item, we may remove it from sale and, where the law requires, hand it to police or the relevant authority.
6. Pricing and listings
6.1 You set the price. We may suggest a price based on our experience, but the decision is yours. 6.2 Price changes and changes to online listings (photos, descriptions, price) must be requested through your account and approved by us before they go live. We will act on requests within 3 business days and give reasons if we decline. 6.3 We will not discount your item without your consent. You may opt in to a markdown schedule on your item record (for example, 20% off after 60 days). 6.4 You must not sell the same item elsewhere while it is with us. If you do, tell us straight away so we can remove it.
7. Commission and fees
7.1 When an item sells, we keep a commission worked out on the final sale price: - Standard rate: 30% of the sale price, with a minimum commission of $2 per item. We keep whichever is greater. - Items sold for over $500: 25% of the whole sale price (not just the part over $500).
Worked examples (commission includes GST; handling fees under clause 7.2 are extra and shown on the item record):
| Sale price | Commission rule | Commission we keep (incl. GST) | GST in our commission (1/11) | You receive |
|---|---|---|---|---|
| $10 | 30% = $3, which is more than the $2 minimum | $3.00 | $0.27 | $7.00 |
| $100 | 30% | $30.00 | $2.73 | $70.00 |
| $600 | Over $500, so 25% of $600 | $150.00 | $13.64 | $450.00 |
For items priced under about $6.67, the $2 minimum means you receive less than 70%. For an item priced $2 or less, the commission is capped at the sale price, so you receive nothing. We will tell you this before accepting low-priced items. 7.1A Agreed (negotiated) rate. If we agree a different commission rate with you under clause 2.4, it is a single flat percentage of the final sale price of each of your items, including GST. It replaces the standard rates in clause 7.1, including the $2 minimum and the over-$500 rate. Commission is rounded to the nearest cent. Your agreed rate is shown in your seller account and on each payout statement, and we keep a record of every rate and the date it took effect. It stays in place for at least 12 months from the date you accept it. The rate that applies to a sale is the rate in force on the date of the sale. We may change it: (a) at any time by written agreement with you, in which case the new rate applies to all sales from the date we agree, including sales of items you have already consigned. We will only treat a change as agreed if you accept a written proposal that states the old rate, the new rate, the date it starts and that it applies to items already with us. Silence, continuing to sell with us, or accepting other changes is not agreement. If you do not agree, your current rate continues for items already accepted, or you may collect any of your items within 14 days with no fee or charge; or (b) after that 12-month period, by giving you at least 30 days' written notice under clause 7.6, in which case the new rate applies only to items accepted after it takes effect. If we agree a specific flat rate for one item, it is recorded on that item record and applies to that item instead. 7.2 Handling fee for bulky or difficult items. Some items cost us more to handle, for example items that are large or heavy, fragile, hard to display, need assembly, or need special storage. For these we may charge an extra handling fee. The fee is set per item and must be agreed with you in writing (including by email or through your account) before we accept the item. It is shown on the item record. We will not add a handling fee to an item after acceptance without your written agreement. 7.3 We only charge fees listed here or on your item record. 7.4 Commission and fees include GST. 7.5 Our commission and fees cover the cost of selling for you, including EFTPOS and card transaction fees, staff time and wages, handling and stocking, shelf and display space, our website and systems, card fraud and payment processing risk, and our general overheads. 7.6 We may change commission or fees by giving you at least 30 days' written notice. Changes made by notice apply only to items accepted after the change takes effect (a change you agree to in writing applies as stated in clause 7.1A). If you do not agree, you may end the agreement and collect your items without any charge.
8. GST and tax invoices
8.1 We sell as your agent. If you are not registered for GST, no GST is charged on your item's sale price. We charge GST only on our commission and fees. 8.2 If you are registered for GST, GST on the sale price is your GST, and you are responsible for reporting it. You authorise us, as your agent, to issue tax invoices to buyers on your behalf (under section 153-15 of the GST Act), and our receipts for your items will show your name and ABN and that we sold the item as your agent. We will give you a payout statement showing each sale. 8.3 You must give us your correct ABN and GST status and tell us within 14 days if it changes. If you do not give us an ABN, we may be required to withhold tax from payouts under the PAYG "no ABN" withholding rules, unless you give us a signed statement that you are not carrying on an enterprise (for example, you are selling as a private hobby or selling personal items), using the ATO Statement by a supplier form or an equivalent written statement. 8.4 We will give you a tax invoice for our commission and fees with each payout statement. 8.5 You are responsible for your own income tax and other tax obligations. 8.6 Recipient-created tax invoices (RCTI). If you are registered for GST and you sign our separate RCTI agreement, then while it is current: (a) it covers the taxable supplies of your goods sold through us; (b) we and you each confirm we are registered for GST; (c) we may issue RCTIs for those supplies and you will not issue tax invoices for them; (d) you will tell us if you stop being registered for GST, and we will tell you if we stop being registered. Your payout statements are RCTIs only while that agreement is in place.
9. Payouts
9.1 Payouts are monthly. At the end of each month (Tasmanian time) we prepare a payout statement covering every sale of your items whose change-of-mind return period (clause 9.2) ended on or before the last day of that month and that has not already been paid. We pay you the sale price, less commission, fees and any amount recovered under clause 9.4, by bank transfer at the end of each month. 9.2 We hold back a sale from payment only while it is still inside its change-of-mind return period: 14 days after the sale for online orders (or after delivery, if later) and 7 days after the sale for in-store sales. Each statement lists any held-back sales and the date their return period ends. A held-back sale is paid in the next monthly payout after its return period ends, unless the buyer has returned the item or asked for a refund within that period, in which case clause 9.4 applies. We do not hold back any amount for any other reason or for longer than this. These periods are our voluntary returns policy and do not limit any buyer's rights under the Australian Consumer Law. 9.3 Each payout statement shows, for each item: sale date, sale price, our commission, any fees, the GST included in our commission and fees, any amount held back or deducted under clause 9.4, and the amount paid. If you are registered for GST and have an RCTI agreement with us (clause 8.6), it also shows the GST on the sale price and is issued as a recipient-created tax invoice. 9.4 Refunds to buyers for your items
(a) When we can recover a refund from you. If we refund a buyer (in full or in part) for one of your items, you bear that refund only if: (i) the refund was given because of a problem with the item itself, namely: a major or minor failure to meet a consumer guarantee under the Australian Consumer Law (for example a fault or defect); the item not matching the description, condition or information you gave us; the item being subject to a safety recall or not meeting a mandatory safety or information standard; or a problem with title (for example the item was stolen, under finance or subject to someone else's claim); and (ii) this applies whether the buyer asked for the refund within the change-of-mind return period in clause 9.2 or later (for example, a fault that comes to light after the return period, where we must give the buyer a remedy under the Australian Consumer Law). There is no fixed time limit: we may recover it for as long as the buyer is entitled to a remedy under the consumer guarantees (a "reasonable time" that depends on the type of item, its price and how it was described). We may only charge you back if the refund was a remedy the Australian Consumer Law required and paragraph (iv) is met. A problem with title is dealt with under clause 12.3 and is not subject to the test in paragraph (iv); (iii) we have followed the notice steps in paragraph (d); and (iv) we must show, on reasonable evidence, that the problem existed when the item was sold (or arose from the item's condition when it was sold). Reasonable evidence includes the buyer's written report with photos or video, our own inspection notes, and, where the item's value or the dispute justifies it, a report from an independent repairer or tester. We will assess the buyer's claim in good faith and will not charge you back for a refund we gave without checking the claim, as a goodwill gesture, or for a problem caused by the buyer's misuse, accident, lack of maintenance, or normal wear after the sale.
(b) Refunds we bear. You do not bear, and we will not deduct or invoice, any refund caused by: (i) loss, damage or deterioration while the item was in our custody, including handling, storage, display, packing or shipping by us; (ii) a description, photo, listing, label or price that we prepared or changed and that was wrong, unless it repeated information you gave us; (iii) a pricing or checkout error by us, or selling the item twice; (iv) card fraud, payment processing errors or chargebacks not caused by the item; or (v) any refund we gave as a goodwill gesture or outside our published policies.
(c) Change-of-mind refunds. If a buyer returns your item under our change-of-mind policy within the return period, the sale is cancelled and no payout is due for it. Because these returns always happen within the hold-back period in clause 9.2, nothing will be deducted from a payout already made. If the returned item is in sellable condition and you agree, we will put it back on sale under a new item record; otherwise we will hold it for you to collect under clause 11. We will not put it back on sale without your agreement. If the item is returned damaged, clause 9.4(b)(i) applies and we bear the loss.
(d) Notice before deduction. Before we deduct or invoice any amount under this clause, we will send you a written notice (by email or through your seller account) setting out: the item and SKU; the sale date and price; the date and reason for the refund; the amount refunded to the buyer; the commission we are reversing; the net amount we propose to recover; and supporting evidence, such as the buyer's complaint, photos, and any repair or inspection report. We will also tell you whether the item has been returned and where it is.
(e) Your right to dispute. You may inspect the item at our shop (if it was returned to us) or ask for copies of all the evidence we relied on. You have 14 days to dispute the notice by replying with your reasons, and those 14 days do not start until we have given you that access (we will tell you the date they start). If you dispute it, we will not deduct or invoice the amount until we have considered your response in good faith and told you our decision and reasons. Either of us may then use the dispute process in clause 17.
(f) Cap and reversal of commission. When you bear a refund (in full or in part), we reverse our commission and any fees on the refunded part in the same proportion as the refund, so you repay only your share of the refunded amount (the part that was or would have been paid to you). For example, on a $100 sale with $30 commission, a $50 refund means we reverse $15 of commission and you repay $35. The most you will bear for any item is the price the buyer actually paid for it, less the commission and any fees we took on that sale, which we reverse and refund to ourselves at the same time. In other words, you never bear more than the amount you received, or were due to receive, for that item. You do not bear our costs, postage, card fees or any other loss under this clause.
(g) How we recover it. We may deduct an undisputed amount (or one decided in our favour) only from a payout made at least 7 days after the dispute period ends, and the payout statement will show it as a separate line with the item, SKU and notice date. If that payout is not enough, we may carry the balance forward to your next 3 payouts. We will invoice you for any amount still owing after that, or straight away if your account has closed, payable within 30 days by bank transfer. We will not charge interest or fees. We will not set off an amount under this clause against money we owe you under clause 13.2, clause 15.3 or any other clause unless we have told you in the notice. There is no fixed time limit for recovering a refund under paragraph (a)(ii), but each amount is still subject to the evidence, notice, dispute period and cap in this clause.
(h) Returned items. If a refunded item is returned to us, we will tell you and either put it back on sale (if it is in sellable condition and you agree) or hold it for you to collect within the period in clause 11. A faulty or unsafe item will not be put back on sale.
(i) Your other rights. This clause does not limit clause 12.3 (your warranties) or clause 13.2 (our responsibility for items in our care), or any right either of us has under the Australian Consumer Law. 9.5 If you think a payout is wrong, tell us within 60 days and we will review it. 9.6 Buyers' rights under the Australian Consumer Law. Buyers may have rights under the Australian Consumer Law, including the consumer guarantees, that we must honour when we sell your goods and that neither you nor we can exclude. Our change-of-mind return periods are in addition to those rights. Recovering a refund from you under clause 9.4 is a matter between you and us under these terms and does not affect any buyer's rights.
10. Online sales and shipping
10.1 With your permission on the item record, we may list your item on our website. We take the photos and write the listing (or you supply them), and you approve the listing before it goes live. 10.2 Shipping is paid by the buyer. We pack and send items using reasonable care. Bulky items may be pickup only. 10.3 An item listed online and in store is reserved once it is paid for on either channel, so it cannot sell twice.
11. Consignment period and expiry
11.1 Each item is on consignment for 90 days from the acceptance date on its item record. 11.2 We will send you a reminder at least 14 days before the expiry date. You can then collect the item, agree to extend the period, or change the price. 11.3 If you do not collect the item or agree to an extension within 14 days after the expiry date, we will send you one final notice. If the item is still not collected 14 days after that final notice, ownership passes to us and we may donate it to charity, sell it (keeping the proceeds), or dispose of it. 11.4 You can collect unsold items at any time before expiry during opening hours, with 24 hours' notice so we can find them.
12. Ownership, PPSA and your warranties
12.1 You promise that: - you own each item or have the right to sell it; - the item is not stolen, under finance, or subject to anyone else's security interest, unless you have told us in writing; - your description of the item is accurate and you have told us about any known faults; - the item is not a prohibited item under clause 5. 12.2 Under the Personal Property Securities Act 2009 (Cth), a consignment can be a security interest. You may register your interest on the PPSR if you wish. 12.3 If any promise in clause 12.1 is untrue, you are responsible for the loss this causes us or a buyer, for example a refund we have to give or a claim by the true owner. This does not apply to loss we caused. Where the loss is a refund to a buyer, we recover it only under clause 9.4, including its notice, dispute and cap limits; a title problem is not subject to the "existed when sold" test in clause 9.4(a)(iv) and has no time limit. Any other loss caused by a title problem, such as a claim by the true owner, is not limited by clause 9.4(f), but we will give you notice of the claim and a chance to respond before we settle it.
13. Care of goods, loss, damage and theft
13.1 We take reasonable care of your items while they are with us, as a careful shopkeeper would. 13.2 If an item is lost, damaged, or stolen while in our care because we did not take reasonable care, we will pay you the amount you would have received had it sold at its listed price. 13.3 Otherwise, we are not responsible for loss or damage from things outside our reasonable control, such as fire, flood, or break-ins despite reasonable security, or normal wear from customers handling items on display. We recommend you insure valuable items yourself.
14. Liability
14.1 Nothing in these terms excludes any right or remedy you have under the ACL that cannot be excluded. 14.2 Each of us is responsible for loss caused by our own breach of these terms, negligence, or misconduct. 14.3 Except under clause 13.2, and to the extent the law allows, our total liability to you for an item is limited to the amount you would have received had it sold at its listed price. Neither of us is liable for indirect loss, such as lost profits, unless the law says otherwise. This limit does not apply to loss caused by fraud or wilful misconduct.
15. Ending the agreement
15.1 You may end this agreement at any time by telling us in writing and collecting your items within 14 days. Sales made before that are paid as normal. 15.2 We may end this agreement by giving you 30 days' written notice, or straight away if you seriously breach these terms (for example, consigning stolen or prohibited goods or providing false information). We will tell you the reason. 15.3 When the agreement ends, we pay you anything owed at the next payout date, and you collect unsold items. Clause 11.3 applies to items not collected.
16. Privacy
16.1 We collect your personal information (name, contact and bank details, ABN, GST status) to run your account, pay you, meet tax and legal obligations, and contact you about your items. 16.2 We handle your information under the Privacy Act 1988 (Cth) and our Privacy Policy. We share it only with service providers we use to run the service (for example Square, Xero, our website host, and our bank), our accountant, or where the law requires. We do not sell your information. Buyers are not given your contact details. 16.3 You can ask to see or correct your information by contacting us.
17. Disputes
17.1 If you have a concern, contact us first at [email protected] or PO Box 404, Fingal TAS 7214. We will respond within 10 business days and try to resolve it fairly. 17.2 If we cannot resolve it within 30 days, either of us may refer it to Consumer, Building and Occupational Services (CBOS) Tasmania, the Tasmanian Small Business Commissioner or the Australian Small Business and Family Enterprise Ombudsman (for business sellers), or mediation, before going to court. This does not stop either of us seeking urgent relief.
18. Changes to these terms
We may update these terms by giving you at least 30 days' written notice. Changes do not reduce your rights for items already accepted unless you agree. If you do not agree, you may end the agreement under clause 15.1 without charge.
19. General
19.1 These terms are governed by the laws of Tasmania. Courts of Tasmania have jurisdiction. 19.2 Notices may be sent by email or through your seller account. 19.3 If any part of these terms is invalid or unfair under law, it is removed and the rest still applies.
Agreement summary
☐ I have read and agree to the Consignment Seller Terms and Conditions. In summary: - Pig Creek Homestead Pty Ltd sells my items as my agent. I own them until they sell. - I own or have the right to sell every item, and none are stolen, recalled, unsafe, counterfeit, firearms, or food without the required approvals. - I set my prices. Price and online listing changes need store approval. - I either accept the standard commission rates below or propose my own rate. The store may accept, counter-offer or decline a proposed rate; a counter-offer applies only if I accept it. Any agreed rate is shown in my account and replaces the standard rates for my items. - The standard rates: the store keeps 30% commission, minimum $2 per item (whichever is greater), or 25% of the whole price for items sold over $500. Commission includes GST. Example: $10 item, I get $7; $100 item, I get $70; $600 item, I get $450. Bulky or difficult items may have an extra handling fee of $X per item or Y% extra, which is agreed with me in writing before acceptance and shown on the item record. - Commission covers card fees, handling, shelf space, staff, card fraud and payment processing risk, and overheads. - An agreed rate is a flat % including GST, fixed for 12 months. A change I specifically accept in writing applies to all my sales from that date, including items already with the store (silence or continuing to sell is not agreement; if I refuse, I keep my rate or can collect my items free within 14 days); a change by 30 days' notice (after 12 months) applies only to new items. - I have given my correct ABN and GST status. If I am GST-registered, the store may issue tax invoices on my behalf. - Payouts are monthly, at the end of each month (with a statement at month end), for sales released from hold-back. A sale is held back only during its change-of-mind return period (14 days from delivery online, 7 days in store), and held sales are listed with their release dates. If I don't have an ABN, I give a signed hobby/private statement or tax may have to be withheld. - If a buyer is refunded because of a problem with my item (for example a fault or something I described wrongly), including after the return period, my share of the refund (commission and fees on the refunded part are reversed) may be deducted from my payouts after I get notice, can inspect the item or see the evidence, and have 14 days to dispute it; a deduction is made only from a payout at least 7 days after that, shown as its own line, carried to at most 3 later payouts, then invoiced (or straight away if my account is closed). The store bears refunds caused by its own mistakes, damage in its care, card fraud and goodwill refunds. A change-of-mind return cancels the sale (no payout), is never charged back, and the item is relisted only if I agree. A chargeback needs reasonable evidence that the problem existed at sale (or came from the item's condition at sale), and the store must have checked the claim; never for buyer misuse, accident or later wear. Title problems (for example stolen goods) are handled separately and are not capped for true-owner claims, but I get notice before the store settles. No fixed end date: it can apply for as long as the buyer's consumer-guarantee rights last (a "reasonable time"). No interest. Buyers' rights under the Australian Consumer Law are not affected. - Items stay for 90 days. I get a reminder 14 days before expiry. Uncollected items may be donated or disposed of after a final notice. - The store takes reasonable care and pays me if an item is lost or damaged through its lack of care. I should insure valuable items myself. - My information is handled under the Privacy Act. Tasmanian law applies.
Food products: ingredients and allergens
If you consign a food product, you must give us the full ingredients list and allergen statement for it, as shown on your label, or a clear photo of the label. We won't list or sell a food product until we have this. You're responsible for making sure the information is accurate and complete, and for telling us straight away if a recipe or label changes.