Seller Terms of Trade

SELLER TERMS OF TRADE

These Seller Terms of Trade apply whenever The Tack House accepts goods from an owner ("the Seller") for sale on the Seller's behalf.

By signing a Seller Consignment Agreement, providing goods to The Tack House for sale, or otherwise agreeing to use our sale-on-behalf service, the Seller agrees to these Terms.

These Terms should be read together with The Tack House Selling on Behalf Policy and any Seller Consignment Agreement or item schedule relating to the Seller's goods.

1. OUR ROLE

The Tack House provides a sale-on-behalf service for quality pre-loved equestrian equipment.

The Seller appoints The Tack House to act on their behalf for the purpose of presenting, advertising, marketing and selling goods accepted by The Tack House.

The Tack House may photograph and describe accepted goods; advertise goods through our shop, website, social media and other sales channels; communicate with prospective buyers; arrange viewings and reasonable trials where appropriate; receive payment from buyers; arrange collection or shipping; and complete the sale on the Seller's behalf.

Ownership of a consigned item remains with the Seller until the item is sold to a buyer.

2. ACCEPTANCE OF GOODS

The Tack House reserves the right to decide which items we accept for sale.

Goods should be clean, safe, functional and in a condition suitable for resale.

We may decline or subsequently withdraw from sale any item that we consider unsafe, excessively worn or damaged, unhygienic, counterfeit or of questionable authenticity, inaccurately described, unsuitable for resale, or unlikely to sell through The Tack House.

Acceptance of an item does not guarantee that it will sell.

3. SELLER'S AUTHORITY AND OWNERSHIP

By providing an item to The Tack House, the Seller confirms that they legally own the item or have the legal owner's authority to sell it; have authority to appoint The Tack House to sell the item; the item is not stolen; the item is not subject to finance, a security interest, ownership dispute or other third-party claim that would prevent its lawful sale; and there is no other restriction preventing the item from being sold.

If another person has an ownership or financial interest in an item, this must be disclosed to The Tack House before the item is accepted.

4. INFORMATION PROVIDED BY THE SELLER

The Seller must provide accurate information about an item to the best of their knowledge, including relevant information about its brand and model, approximate age where known, previous use, condition, repairs, alterations, damage, defects, authenticity and any known safety concerns.

The Seller must disclose any material fault or issue that could reasonably affect a buyer's decision to purchase the item.

The Tack House is entitled to rely on information supplied by the Seller when describing and marketing the goods.

5. CONDITION OF PRE-LOVED GOODS

The Seller acknowledges that The Tack House may inspect an item before offering it for sale.

This inspection does not make The Tack House responsible for defects, damage or other issues that existed before the item was provided to us and which were not reasonably apparent.

If a previously undisclosed issue is discovered, The Tack House may remove the item from sale and contact the Seller.

6. CLEANING AND REPAIRS

Goods should arrive clean and reasonably ready for sale.

If an item requires cleaning, leather treatment, repair or other work before it can reasonably be offered for sale, we may discuss this with the Seller.

The Tack House will not arrange chargeable work to a Seller's item without the Seller's agreement. Any agreed cost may be paid directly by the Seller or deducted from sale proceeds by agreement.

7. PRICING

The Tack House will recommend an appropriate selling price having regard to factors such as brand, model, age, condition, current demand, comparable pre-loved equipment and current market conditions.

The final advertised price will be agreed with the Seller.

If the Seller has a minimum amount they are prepared to accept, this must be disclosed and agreed before the item is advertised.

The Tack House may discuss offers received from prospective buyers with the Seller. An item will not be sold below an agreed minimum price without the Seller's approval.

8. COMMISSION

The Tack House charges commission on the final selling price of each item.

Final selling price up to and including $100: 25% commission.

Final selling price over $100 and up to and including $1,500: 20% commission.

Final selling price over $1,500: 17.5% commission.

Commission is deducted from the final selling price before the balance is paid to the Seller. Unless otherwise agreed with the Seller, there are no additional sale-on-behalf fees.

9. MINIMUM CONSIGNMENT PERIOD

Items are accepted for an initial minimum consignment period of three months, unless otherwise agreed.

The Seller agrees to leave the item available for sale through The Tack House for this period. The Tack House does not guarantee that an item will sell within the consignment period, or at all.

After the minimum consignment period, an unsold item may remain for sale by agreement, be collected by the Seller, or be returned to the Seller by arrangement and at the Seller's cost.

10. ADVERTISING GOODS ELSEWHERE

While an item is listed for sale with The Tack House, The Tack House has the exclusive right to market and sell that item. The Seller must not advertise, list, market or offer the item for sale elsewhere, including privately, through social media, online marketplaces or another retailer or consignment business.

If the Seller wishes to advertise or sell the item elsewhere, they must first withdraw the item from sale with The Tack House in accordance with these Terms.

If an item becomes unavailable for any reason, the Seller must notify The Tack House immediately.

11. BUYERS INTRODUCED THROUGH THE TACK HOUSE

If a prospective buyer becomes aware of an item through The Tack House and subsequently contacts the Seller directly about purchasing that item, the Seller must refer the buyer back to The Tack House to complete the sale.

This includes buyers who discover or enquire about the item through The Tack House shop; our website; Facebook, or other social media; online advertising; an event or promotion; photographs or advertising produced by The Tack House; an enquiry made to The Tack House; a viewing or trial arranged by The Tack House; or any other introduction generated through The Tack House's sale-on-behalf service.

A sale to a buyer introduced to the item through The Tack House will be treated as a sale facilitated by The Tack House and the applicable commission will remain payable, regardless of whether the buyer subsequently contacts the Seller directly.

The Seller must not use The Tack House's advertising, enquiries, introductions, photographs, viewings or buyer contacts to complete a private sale for the purpose of avoiding commission.

12. WITHDRAWING AN ITEM

Please only consign an item that you genuinely intend to sell.

After the minimum consignment period, the Seller may request the return of an unsold item.

An item cannot be withdrawn once it has been sold; payment has been received or committed; it has been reserved as part of an agreed transaction; it is subject to an active authorised trial; or The Tack House has otherwise entered into a commitment with a buyer in relation to that item.

Any return freight or transport required to return an unsold item to the Seller will be at the Seller's cost unless otherwise agreed.

13. VIEWINGS AND TRIALS

The Seller authorises The Tack House to allow reasonable inspection, fitting and trial of appropriate items where this is reasonably necessary to assist with a sale. This may include saddle trials on-site at The Tack House facilities.

The Tack House will establish appropriate conditions for trials on-site, and will take reasonable steps to protect consigned equipment.

The Seller acknowledges that reasonable handling and trial use may occur as part of selling pre-loved equestrian equipment. Normal minor signs of reasonable handling or authorised trial use will not constitute damage to the item.

14. CARE OF CONSIGNED GOODS

The Tack House will take reasonable care of goods while they are in our possession and will store and handle them in a manner reasonably appropriate for the type and value of the equipment.

The Tack House is not responsible for pre-existing damage; faults that existed before consignment; normal ageing or deterioration; deterioration inherent in older materials; damage resulting from an undisclosed defect; or reasonable wear resulting from an authorised inspection or trial, except to the extent that The Tack House is legally responsible.

15. INSURANCE

Goods accepted into The Tack House's care are covered in accordance with our applicable business insurance.

Insurance cover is subject to the terms, conditions, limits, excesses and exclusions of the relevant insurance policy.

The Seller must provide accurate information about the value of an item if reasonably requested for insurance purposes.

16. COMPLETION OF A SALE

A sale will generally be treated as final once payment has been successfully received; any agreed trial has been completed; any applicable return entitlement or agreed return period has been resolved; and there is no outstanding payment reversal or genuine dispute affecting the transaction.

The Tack House may reasonably delay payment to the Seller while a buyer return, chargeback, payment reversal, genuine dispute or other issue relating to the transaction is being investigated or resolved.

17. PAYMENT TO SELLERS

Seller proceeds are processed monthly.

Payments for completed sales will generally be included in the next applicable monthly seller payment run once the transaction has become final.

The amount paid to the Seller will be the final selling price less The Tack House's applicable commission and any other charge or expense specifically agreed with the Seller.

Payment will be made to the bank account nominated by the Seller. The Seller is responsible for providing accurate bank account details and notifying The Tack House promptly if those details change.

The Tack House may choose to process a payment earlier, particularly for a higher-value sale, but is not required to make individual payments immediately following each sale.

18. RETURNS AND BUYER CLAIMS

The Seller acknowledges that The Tack House has obligations to buyers under applicable New Zealand law.

Where a buyer has a lawful right to reject or return an item, or The Tack House reasonably accepts a return in accordance with its Returns, Refunds & Exchanges Policy, the transaction may be reversed.

If sale proceeds have not yet been paid to the Seller, The Tack House may withhold those proceeds while the matter is resolved.

If a genuine buyer claim relates to an undisclosed defect, inaccurate information or other matter that existed before the item was consigned, The Tack House may contact the Seller and reasonably require their assistance in resolving the matter.

Nothing in these Terms limits any obligation that cannot legally be excluded.

19. UNSOLD GOODS

The Tack House may contact the Seller if we believe an item is unlikely to sell, should be repriced, has remained unsold for an extended period, is no longer appropriate for our stock, or should be collected.

The Seller must respond within a reasonable period and arrange collection where requested.

20. UNCOLLECTED GOODS

If an item is ready to be returned to the Seller but remains uncollected, The Tack House will make reasonable attempts to contact the Seller using the contact information provided.

The Seller is responsible for keeping their contact details current.

The Tack House will not treat goods as abandoned merely because they have not been immediately collected. Any storage, sale, disposal or other action concerning genuinely uncollected goods will only be undertaken in accordance with applicable New Zealand law.

21. SELLER CONTACT DETAILS

The Seller must provide current name, phone number, email address, address or location, and bank account details required for payment.

The Seller must notify The Tack House of any changes. The Tack House is not responsible for delays resulting from incorrect or outdated information supplied by the Seller.

22. PERSONAL INFORMATION

Personal information provided by Sellers will be collected, stored and used in accordance with The Tack House Privacy Policy and applicable New Zealand privacy law.

Seller contact details and bank information will not ordinarily be provided to prospective buyers.

23. RECORDS

The Tack House may maintain records of goods consigned, photographs, descriptions, asking and minimum prices, offers, sales, commissions, payments, returns, communications with the Seller and other information reasonably necessary to administer the consignment.

Electronic records may be used as evidence of instructions, approvals and agreements between The Tack House and the Seller.

24. COMMUNICATIONS AND APPROVALS

Where these Terms require the Seller's approval, agreement or instruction, this may be provided in writing, including by email, text message, Messenger or other electronic message, or a signed document or electronic form.

The Tack House may retain these communications as part of the consignment record.

25. LIABILITY

The Tack House will exercise reasonable care in providing its sale-on-behalf service.

Neither party's liability is excluded where it cannot legally be excluded.

To the extent permitted by law, The Tack House will not be responsible for indirect or consequential loss arising from an item's failure to sell, the length of time required to sell it, changes in market value, or a Seller's decision to accept or decline an offer.

26. CHANGES TO THESE TERMS

The Tack House may update its Seller Terms of Trade from time to time as the business develops.

The current version will be made available to Sellers.

A change to these Terms will not retrospectively alter an agreed commission rate, agreed minimum selling price or other material commercial term for an item already accepted for consignment without the Seller's agreement.

27. NEW ZEALAND LAW

These Terms are governed by New Zealand law.

Nothing in these Terms excludes, restricts or modifies any right or obligation that cannot lawfully be excluded.

28. ACCEPTANCE

By signing The Tack House Seller Consignment Agreement or otherwise expressly agreeing to consign goods under these Terms, the Seller confirms that they have read and understood these Seller Terms of Trade; have authority to sell the goods; have disclosed relevant known faults and information; authorise The Tack House to market and sell the accepted goods on their behalf; and agree to pay the applicable commission when a sale is completed.

The Tack House
Waimate, New Zealand
Email: info@thetackhouse.co.nz